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The Excluded Asset Gap: why floating charges capture realisations of unsecured assets

20 March 2024 / Author(s): Matteo Clarkson-Maciel , Paul Fradley
Issue: September 2022 / Categories: Feature

Will the proceeds of the sale of an asset, excluded from the scope of a floating charge, be captured by that charge when sold by an insolvency practitioner? In this article the authors consider the default position under general law in relation to this issue and what parties should do to ensure their intentions are appropriately reflected when formulating security packages.

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