The characterisation of a security interest as 'fixed' or 'floating' has generated much litigation in English courts. This is because a floating charge is subordinated by statute to other claims in the debtor's insolvency, whereas a fixed charge is not. This paper uses the example of the floating charge to argue that such statutory redistribution between claimants in corporate insolvency is generally undesirable.corporate insolvency, law and finance, history of floating charge, bankruptcy priorities, secured credit.
This Article reconceptualizes the relationship between floating liens and static liens in order to r...
Australia's corporate insolvency regime strives to provide flexible measures that allow stakeholders...
What is effective insolvency law? Effective insolvency laws play an important role in the health of...
In the context of the decision by the House of Lords in Buchler v. Talbot, and of the Government’s r...
In cases of insolvency, the security-holder is preferred to other creditors with respect to the outc...
This article reviews the important recent House of Lords decision in Re Spectrum Plus in which the d...
Insolvency and bankruptcy are words that tend to conjure disappointment, fear and blame in most corn...
This article provides some empirical insight into the impact of current English insolvency law on: (...
This paper argues that the usual way of conflating floating with fixed charges as small variations o...
News of the Court of Appeal’s unanimous decision on fixed and floating charges in the test case, Nat...
Considers why the prescribed part fund is often the only or the main source of unsecured creditors' ...
Can book debts be subject to a fixed charge? This question was considered by the House of Lords in N...
Examines key developments affecting the role of the prescribed part fund for unsecured creditors in ...
Much of the recent debate as to the criteria which determine whether a charge is properly characteri...
Whether payments made to contractors after automatic crystallisation of floating charge had been tri...
This Article reconceptualizes the relationship between floating liens and static liens in order to r...
Australia's corporate insolvency regime strives to provide flexible measures that allow stakeholders...
What is effective insolvency law? Effective insolvency laws play an important role in the health of...
In the context of the decision by the House of Lords in Buchler v. Talbot, and of the Government’s r...
In cases of insolvency, the security-holder is preferred to other creditors with respect to the outc...
This article reviews the important recent House of Lords decision in Re Spectrum Plus in which the d...
Insolvency and bankruptcy are words that tend to conjure disappointment, fear and blame in most corn...
This article provides some empirical insight into the impact of current English insolvency law on: (...
This paper argues that the usual way of conflating floating with fixed charges as small variations o...
News of the Court of Appeal’s unanimous decision on fixed and floating charges in the test case, Nat...
Considers why the prescribed part fund is often the only or the main source of unsecured creditors' ...
Can book debts be subject to a fixed charge? This question was considered by the House of Lords in N...
Examines key developments affecting the role of the prescribed part fund for unsecured creditors in ...
Much of the recent debate as to the criteria which determine whether a charge is properly characteri...
Whether payments made to contractors after automatic crystallisation of floating charge had been tri...
This Article reconceptualizes the relationship between floating liens and static liens in order to r...
Australia's corporate insolvency regime strives to provide flexible measures that allow stakeholders...
What is effective insolvency law? Effective insolvency laws play an important role in the health of...