It is a fundamental principle of insolvency law that the debts of an insolvent company rank equally with one another. There are, however, a number of exceptions to this.
Rebecca Walker, senior associate in Stevens & Bolton’s restructuring & insolvency team, looks at ways in which trusts can be used in transactions with a debtor, so to exclude assets from the debtor’s estate on insolvency, in an article featured in the April 2014 edition of Butterworths Journal of International Banking and Financial Law.