| Commentary

162 Preferences

| Commentary

162 Preferences

The provisions relating to preferences in Section 239 of the Insolvency Act 1986 apply where a company has entered administration or has gone into liquidation1 and at the ‘relevant time’2 the company has done something or suffered something to be done which has the effect of putting a creditor or a surety or guarantor of the company in a better position in the event of the company going into insolvent liquidation, than that person would have been in otherwise. The court can make any order to restore the position, but only if it is satisfied

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