Commentary

85.1 Application by qualifying floating charge holder

BANKRUPTCY AND INSOLVENCY (CORPORATE INSOLVENCY) vol 3(3)
| Commentary

85.1 Application by qualifying floating charge holder

| Commentary

85 Special case applications

85.1 Application by qualifying floating charge holder

In most cases where a qualifying floating charge holder is entitled to make an out-of-court appointment under the Insolvency Act 1986 Schedule B1 paragraph 14 he will take the out-of-court route. However, there may be cases where, though the conditions of an out-of-court appointment are met, the qualifying floating charge holder prefers to apply to the court. Examples would be where it was desired to be absolutely certain that the appointment was validly made and where the case is complex and likely to be protracted. The 1986 Act therefore, provides

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial