Liquidation priority rules clarified for secured creditors, government dues, and contractual subordination in insolvency distributions. Section 53 is amended to clarify liquidation priority rules. A secured creditor whose relinquished security interest is worth less than the total debt is ... Summary
Liquidation priority rules clarified for secured creditors, government dues, and contractual subordination in insolvency distributions.
Section 53 is amended to clarify liquidation priority rules. A secured creditor whose relinquished security interest is worth less than the total debt is secured only to that extent, and unsecured for the balance. Government dues for the specified pre-liquidation period are given distribution priority under the stated sub-clause, with any remaining amount falling under the next priority category. Illustrations confirm that a contract subordinating workmen to secured creditors is disregarded, while a contract between secured creditors inter se is not disregarded.
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