As Liquidator or Trustee in Bankruptcy I enter my office as a stranger and I frequently encounter many bankrupts and former company directors (and sadly their professional advisers) who are not tremendously forthcoming with information that I reasonably require for the furtherance of my inves
Elliot Green Licensed Insolvency Practitioner - Deliberations
Preferences are defined in Section 239 of the Insolvency Act 1986 and arise when one creditor is placed into a better position to that of another, when an individual or a company enters into a formal insolvency procedure.
For businesses cash is king. Cash is the lifeblood of any business and without it they cannot survive.
However, there is another side to cash which instead of being king, might for some be associated with corruption. Cash is a commodity capable of breeding suspicion.
Many creditors are surprised that they receive little or nothing from the insolvency process when an individual goes bankrupt, into an IVA or a company goes into liquidation.
It is the responsibility of a liquidator to get in, realise and distribute the company’s property. Restitutionary remedies exist to assist the realisation process.
Imagine turning round to your client and saying, sorry but I am afraid that you have no entitlement to receive remuneration from a company of which you are a director. No doubt your retainer would be terminated with immediate effect.













