Sabtu, 30 November 2013
undefined
undefined
The general principle, according to the Mellish LJ in Re Jeavons, ex parte Mackay[38] is that "a person cannot make it a part of his contract that, in the event of bankruptcy, he is then to get some additional advantage which prevents the property being distributed under the bankruptcy laws." So in that case, Jeavons made a contract to give Brown & Co an armour plates patent, and in return Jeavons would get royalties. Jeavons also got a loan from Brown & Co. They agreed half the royalties would pay off the loan, but if Jeavons went insolvent, Brown & Co would not have to pay any royalties. The Court of Appeal held half the royalties would still need to be paid, because this was a special right for Brown & Co that only arose upon insolvency.
In a case where a creditor is owed money by an insolvent company, but also the creditor itself owes a sum to the company, Forster v Wilson[39] held that the creditor may set-off the debt, and only needs to pay the difference. The creditor does not have to pay all its debts to the company, and then wait with other unsecured creditors for an unlikely repayment.
However, this depends on the sums for set-off actually being in the creditors' possession. In British Eagle International Air Lines Ltd v Compaigne Nationale Air France,[40] a group of airlines, through the International Air Transport Association had a netting system to deal with all the expenses they incurred to one another efficiently. All paid into a common fund, and then at the end of each month, the sums were settled at once. British Eagle went insolvent and was a debtor overall to the scheme, but Air France owed it money. Air France claimed it should not have to pay British Eagle, was bound to pay into the netting scheme, and have the sums cleared there. The House of Lords said this would have the effect of evading the insolvency regime. It did not matter that the dominant purpose of the IATA scheme was for good business reasons. It was nevertheless void.
Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Lehman Brothers Special Financing Inc observed that the general principle consists of two subrules — the anti-deprivation rule (formerly known as "fraud upon the bankruptcy law") and the pari passu rule, which are addressed to different mischiefs — and held that, in borderline cases, a commercially sensible transaction entered into in good faith should not be held to infringe the first rule.
All these anti-avoidance rules are, however, subject to the very large exception that creditors remain able to jump up the priority queue, through the creation of a security interest.
See also: Netting and Set-off (law)
Secured lending
Main articles: UK banking law, Banking law, and Security interest
The Bank of England (est 1694) is the lender to all other banks, at an interest rate set by the Monetary Policy Committee under the Bank of England Act 1998. When lending on money to businesses at a higher interest rate, banks will contract for fixed and floating charges to decrease their risk and stabilise profits.
Posted on 02.16 by deratj
Langganan:
Posting Komentar (Atom)
Bestseller
-
Brylanehome Graces Garden Embroidered Bedspread (Sage Green,Queen) Our beautifully enhanced Graces Garden bedspread covers your bedding wi...
-
Queen The Mid-Town Bed by Better Homes & Gardens - 288250B Modern Expressions Classic modern design reinterpreted for today, the elegant...
-
Skyline Furniture Panel Bed 74XBED (Black) Size: Queen, Finish: Aztec Skyline Furniture Become the king or queen of your domain by adding t...
-
Skyline Furniture Shantung Panel Bed SKY4182 Size: Queen, Color: Khaki Skyline Furniture Dress up your bedroom with this beautifully arched...
-
Westhaven Panel Storage Bed Set, Queen Shop for Sets and Collections from Hayneedle.com! The Westhaven Panel Storage Bed Set isn't just...
-
Solid Mahogany Natural Finish Bed Frame (Tan Twin Wood) Featuring crisp, modern lines, solid wood construction and a natural finish, this pl...
-
Cavallino Queen New Mansion Poster Bed by Ashley - B291-157R Ashley Cavallino Queen New Mansion Poster Bed. Reliable queen bed frame Bed T...
-
Skyline Furniture Panel Bed 85-bed Size: Queen, Finish: Grey Skyline Furniture Features: -Mattress and box spring required (not included). -...
-
Skyline Furniture Tufted Panel Bed SKY8731 Color: Regal Navy, Size: Queen Skyline Furniture Luxury displayed at its best, this bed will add ...
-
680 Series Low Profile Bed Premier Oatmeal, Queen - Headboard Only Shop for Headboards and Footboards from Hayneedle.com! Simple and elegan...
Categories
Diberdayakan oleh Blogger.
0 komentar:
Posting Komentar