houses that could have significantly raised their value, and did not find tenants for the vacant properties

The basic duty of the receiver was to realise value for the floating charge holder, although all preferential debts, or those with priority, would have to be paid.[129] For other unsecured creditors, the possibility of recovering money was remote. The floating owed no duty to other creditors with regard to the timing of the appointment of a receiver, even if it could have an effect on negotiations for refinancing the business.[130] It was accepted that a receiver had a duty to act only for the proper purpose of realising debts, and not for some...

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a company's assets, owing minimal duties to other creditors. Initially this was a right based purely in the common law of property.

Receivership sourcesMain articles: Receivership, English property law, and Mortgages in English lawFor businesses where floating charges were created before 2003, and in eight types of corporate insolvencies in the Insolvency Act 1986, sections 72B to 72GA, an older procedure of administrative receivership remains available. These companies are capital market investments; public-private partnerships with step in rights; utility projects; urban regeneration projects; large project finance with step in rights;[121] financial market, system and collateral...

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could not sue the administrator directly, outside the terms of the statutory standard, unless responsibility had been directly assumed to him

This wide discretion of the administrator to manage the company is reflected also in paragraph 3(3)-(4), whereby the administrator may choose between which result (whether saving the company, selling the business, or winding down) "he thinks" subjectively is most appropriate. This places an administrator in an analogous position to a company director.[116] Similarly, further binding duties allow a broad scope for the administrator to exercise good business judgment. An administrator is subject to a duty to perform her functions as 'quickly and...

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administration provide enough information for a court to conclude that the scheme is not being used to unduly

Once in place, the first task of an administrator is to make proposals to achieve the administration objectives. These should be given to the registrar and unsecured creditors within 10 weeks, followed by a creditor vote to approve the plans by simple majority.[106] If creditors do not approve the court may make an order as it sees fit.[107] However, before then under Schedule B1, paragraph 59 the administrator can do 'anything necessary or expedient for the management of the affairs, business and property of the company'.[108] In Re Transbus International...

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the floating charge holder may intervene.[103] In this case, the court will grant the petition for appointment

The duties of an administrator in Schedule B1, paragraph 3 are theoretically meant to be exercised for the benefit of the creditors as a whole.[98] However the administrator's duties on paper lie in tension with how, and by who, an administrator is appointed. The holder of a floating charge, which covers substantially all of a company's property (typically the company's bank), has an absolute right to determine who the administrator. Under Schedule B1, paragraph 14, it may appoint the administrator directly, and can do so out of court. The company...

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