Reditors position in the case of companys insolvency
Jane and Norma are the directors and majority shareholders of a?Norma-Jane Creations Ltda, a company that designs and creates bespoke en suite bathrooms for private and business customers (such as luxury hotels and B&Bs). Shortly after the economic downturn in 2009, their business started to slow down as they got fewer and fewer orders. It was clear to Jane and Norma that their company was in danger of becoming insolvent soon.
To try and avert this crisis, Jane and Norma therefore approached Cashbank in November 2009 in order to increase the companyas overdraft facility. The bank agreed to an increased overdraft of A?100,000, but it did so on condition that a a?first fixed chargea over the companyas fixed assets should be created in its favour, as well as a floating charge over the companyas entire stock in trade. The floating charge also contained a clause which stipulated that the company was restricted from granting any other charge over its assets which would rank in priority or equal to the bankas charge. Furthermore, the agreement stipulated that the floating charge would crystallise at the moment that the company attempted to grant a competing charge in favour of anyone else.
Things looked up for Norma Jane Creations Ltd after this, but a year later the company was once again in financial difficulties. The directors obtained a further loan of A?30,000 from Easyloans Ltd in July 2010. In exchange for this money, the company granted a floating charge over its stock in trade to Easyloans.
At the end of 2010 it became clear that insolvency was inevitable for Norma Jane Creations Ltd, and the directors and shareholders decided to wind the company up. It became clear that a lot of the creditors of the company would not get paid back in full.
Discuss the creditorsa position.