What is the difference between secured and unsecured creditors?

• Fixed charge – With a fixed charge, the creditor has a claim over a specific asset. This could be a piece of property, a vehicle, or certain machinery or equipment. This fixed charge will have been formally registered with Companies House. The creditor will be paid the money they are owed as a direct result of selling the asset they are holding a charge over. So for example, a mortgage company would be paid back the money they are owed from the sale of the mortgaged property. This type of charge gives the lender a huge amount of security, and significantly increases their chances of receiving payment in the event of liquidation.
   
• Floating charge – Floating charges are slightly more complicated as creditors with this type of charge do not have a claim over a particular asset. Floating charges cover things that the business would use to generate business and that which a company could (and may be expected to) dispose of in the course of business proceedings, such as stock. It would not be practical to have a fixed charge over each individual item of stock; therefore a floating charge is more appropriate. Having a floating charge provides the lender with some security, however as they do not have a claim over a specific asset, recovering money is slightly more difficult. Creditors with a floating charge are placed further down in the order of priority than those with a fixed charge; however they are ahead of unsecured creditors in the queue for payment.

“After submitting my '60 Second Test' I received a complimentary Insolvency Options guide packed full of useful information. The team of insolvency specialists phoned me back in less than 10 minutes after reviewing my details and guided me through the next steps. Really helpful! Thank you Sophie!”

Patricia 

 

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Sophie Schofield
Business Debt Expert

What are unsecured creditors?

Unsecured creditors rank below secured creditors when it comes to receiving payment following the liquidation of a company.

Unsecured creditors do not have the benefit of having a claim over a particular asset, and can include suppliers, contractors, landlords and customers. Perhaps surprisingly HMRC is also an unsecured creditor for certain tax debts.

As unsecured creditors do not have a charge over any particular asset it is typically much harder for them to recover the money they are owed. Instead they have to hold tight and hope there is enough money left to go around after the secured creditors and those that rank ahead of them have been paid in full. Unfortunately, the reality is that unsecured creditors typically receive very little, if anything, following the liquidation of a company.

How Real Business Rescue can help?

If you are considering liquidation for your company, the experts at Real Business Rescue can help you understand your options and explain what a formal insolvency process could mean for your company and its creditors. Call the team today on 0800 644 6080.