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Preferential Creditors and Other Creditors


See: Insolvency USA Style   

Also: Statement of Affairs

Also: Creditors Meeting      

There is an order of who gets paid first where a formal act of insolvency exists:

 
1
 
Insolvency Practitioner
 
Costs and expenses
2
 
Bank, lender
 
Debenture holder with fixed charge
3
VAT, PAYE, NI, staff wages, pensions and holiday pay
 
Preferential creditor
4
 
Bank, lender
 
Debenture holder under a floating charge
5
 
Suppliers, utilities, unsecured lending
 
Unsecured creditors


Payments to the above creditors are based on a 'count back' method. The insolvency practitioner is the first to be paid in full: if there are sufficient funds remaining the debenture holder (fixed charge) is the next to be paid, then the preferential creditor and so on, until there are no funds left.

When there are funds left over for unsecured creditors, the funds are distributed proportionally, as follows:


Example:


Amount due to unsecured creditors: 
£120,000
Amount available to unsecured creditors:
£  12,000
equal to 10% of debt
  

Company Name

Amount Owed

Amount Paid

ABC Company

£40,000

£4,000

123 Company

£35,000

£3,500

XYZ Company

£25,000

£2,500

987 Company

£15,000

£1,500


£120,000

£12,000


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