Since the Fraudulent Conveyances Act 1571, transactions entered into by a bankrupt have been voidable

Minggu, 01 Desember 2013
Voidable transaction casesMain articles: Fraudulent conveyance, Undervalue transaction, Voidable preference, Voidable floating charge, and Unjust enrichmentSince the Fraudulent Conveyances Act 1571, transactions entered into by a bankrupt have been voidable if they would result in assets otherwise available...

is restricted, as a company's attempt to give an undue preference to one creditor over another, particularly

If a company has gone into an insolvency procedure, one of the objectives of the administrator or liquidator is to increase the assets that are available to distribute to creditors. To ensure fairness and to treat creditors with similar claims equally, UK law creates significant exceptions to some fundamental...

order of statutory priority: releasing the claims of fixed security interest holders, paying preferential creditors (the liquidator's expenses

Liquidation casesApart from petitions by the company or creditors, an administrator has the power to move a company into liquidation, carrying out an asset sale, if its attempts at rescue come to an end.[145] If the liquidator is not an administrator, he is appointed by the court usually on the nomination...
 

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