Question
A secured creditor of a company is owed a large sum of money from that company and despite repeated requests has not been paid for
A secured creditor of a company is owed a large sum of money from that company and despite repeated requests has not been paid for many months. Which statement below is the best course of action?
a. The creditor can appoint a receiver and the company goes into receivership if a creditor is a secured creditor with a contractual right under the lending/borrowing agreement to appoint a receiver in the event of a default.
b. The creditor should stop trading with the company and move on.
c. If a company is overdue on any payment to a creditor, then they are immediately presumed to be insolvent, which allows for immediate winding up by the creditor.
d. The creditor should take possession of goods of a similar value to extinguish the debt.
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