Skip to main content

Are you a creditor looking to recover your money?

Antecedent Transactions: Undervalue and Preference – if you are a creditor of an insolvent company or a bankruptcy, Oliver Elliot can help. We Know Insolvency Inside Out.

We Know Insolvency Inside Out
Find out how we help

Civil Recovery Claims

What Are Antecedent Transactions?

Undervalue and Preference transactions entered into prior to the insolvency that can be set aside by an Insolvency Practitioner in certain insolvency proceedings.

Transactions at an Undervalue

A Transaction At An Undervalue is a transaction within 2 years of the relevant insolvent date (in the case of bankruptcy that period can extend to 5 years) which appear to be for less than their money’s worth. Such transactions can be set aside by the officeholder of the insolvent estate for the benefit of creditors.

Typically such transactions will involve transfers of money or property to connected and or associated parties. The applicable statutory provisions are Section 238 of the Insolvency Act 1986 and Section 339 of the Insolvency Act 1986.

Preferences

A Preference is a transaction within 2 years of the relevant insolvent date which appear to have put someone in a better position than which they ought to have been and influenced by a desire to prefer them.

Such transactions can be set aside by the officeholder of the insolvent estate for the benefit of creditors if certain insolvency and other criteria are met. Typically such transactions will involve transfers of money or property to connected and or associated parties.

The applicable statutory provisions are Sections 239 of the Insolvency Act 1986 or Section 340 of the Insolvency Act 1986.

Transactions Defrauding Creditors

Transactions that are known as transactions defrauding creditors have no limitation period. They are undertaken to put assets beyond the reach of creditors at an undervalue. Such transactions can be set aside by the officeholder of the insolvent estate for the benefit of creditors if certain insolvency and other criteria are met. The applicable statutory provision is Section 423 of the Insolvency Act 1986.

These are transactions that appear to be for less than their money’s worth. Such transactions can be set aside by the officeholder of the insolvent estate for the benefit of creditors.

Typically such transactions will involve transfers of money or property to connected and or associated parties.

What Next? Expert Advice Is Just A Click Away

If you have any concerns in relation to Antecedent Transactions: Undervalue and Preference then Contact Us as soon as possible for advice. Our expertise is at your fingertips.

Disclaimer: Antecedent Transactions: Undervalue and Preference

This page: Antecedent Transactions: Undervalue and Preference is not legal advice and should not be relied upon as such. This article Antecedent Transactions: Undervalue and Preference is provided for information purposes onlyYou can Contact Us on the specific facts of your case to obtain relevant advice via a Free Initial Consultation.

Recent Posts / View All Posts

Whose Money Is The Bounce Back Loan?

Whose Money Is The Bounce Back Loan?

| Bounce Back Loan | No Comments
Ever had a look around the Insolvency Service’s Director disqualification outcomes: summary of results page? Well if you do it looks something like this: The most recent addition as of…
Restoration Of Liquidation But Forgetting To Reappoint The Liquidator

Restoration Of Liquidation But Forgetting To Reappoint The Liquidator

| Liquidation | No Comments
Re Butler-Do Limited EWHC 1291 (Ch) was an extremely short and sweet judgment in which the Joint Liquidators were reinstated to office following the company being struck off. In a…
Director Disqualifications No Longer Dominated By Unfair Crown Treatment

Director Disqualifications No Longer Dominated By Unfair Crown Treatment

| Director Disqualification | No Comments
If one surveys the landscape of director disqualification statistics one can see how they are now dominated by the loss suffered by government funds to a greater degree than at…
What Is The Best Way To Value Assets?

What Is The Best Way To Value Assets?

| Other | No Comments
Well, it has been a fascinating Monday 3 June 2024 as stuff sprouted today (leaving aside Nigel Farage taking over from Richard Tice and to take on the Tories at…