Recent Delaware case law clarifies that secured creditors do not lose priority by inaction after default, favoring the “trace and recapture” approach. The court emphasized that rights depend on the ...
The cases considering this question are Re Pindar Scarborough Ltd (in administration) [2024] EWHC 908 (Ch) (“Pindar”) and Re Toogood International Transport and Agricultural Services Limited (in ...
Liquidation involves selling a company’s assets to pay off creditors when the business becomes insolvent. Under U.S. Bankruptcy Code Section 507, creditor claims are settled in a specific order, with ...