The following Restructuring & Insolvency Q&A provides comprehensive and up to date legal information covering:
One factor will be the specific terms of the fixed or floating charge and whether it covers repayments under a loan agreement (ie receivables). Questions to ask are whether the charge covers receivables, and if these fall under the floating charge (rather than fixed charge), then ask whether sufficient control has been exercised—see Practice Note: Taking security over receivables.
If you decide that the repayments do come under a floating charge, rather than a fixed charge, a floating charge will rank lower down the order of priorities when the liquidator comes to distribute the assets of the
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