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Converted floating charge still ranks behind preferential creditors

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • March 30 2011

In J.D. Brian Ltd (in liquidation) & Others the High Court held that, where a floating charge crystallised prior to the commencement of a winding-up, the preferential creditors still had priority pursuant to in section 285 of the Companies Act 1963 over the holder of what had become a fixed charge