Quote: Adeybull "Statutory order.
Fixed charge holders paid out of sale of their security
Preferential creditors (mainly employees nowdays)
Debenture holders, secured by floating charge
Ordinary creditors (nowdays incl HMRC)
Shareholders.
Usually the unsecureds get sod all if anything, and the shareholders lose the lot anyway cos the business is insolvent before you even start realising assets.
IMO administration > phoenix next day > screw the creditors is legalised theft.'"
Under administration is that strictly true ?
I was under the impression that the administrator would invite offers for the club ( including the debt ). Any proposed owner would have to enter into a CVA that has to be accepted by 75% of the creditors ( % of total value of monies owed ).
So if 75% of the monies owed is to HMRC and Mr X's offer of 20p in the pound was accepted by HMRC then all creditors by default would get 20p in the pound for their debt.
In that case if HMRC didn't accept and no better offers were on the table they would then apply to liquidate the company ensuring creditors received nothing.
I wonder if the club have any of the current or former Directors listed as creditors ?