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The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021

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Amendment of Part 3 of the Insolvency Rules

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27.  After rule 3.51 insert—

Priority of moratorium debts in subsequent administration

3.51A.  Where paragraph 64A(1) of Schedule B1 applies, the moratorium debts and priority pre-moratorium debts mentioned in paragraph 64A(2) of that Schedule are payable in the following order of priority—

(a)amounts payable in respect of goods or services supplied during the moratorium under a contract where, but for section 233B(3) or (4)(1), the supplier would not have had to make that supply;

(b)wages or salary arising under a contract of employment, so far as relating to a period of employment before or during the moratorium;

(c)other debts or other liabilities apart from the monitor’s remuneration or expenses; and

(d)the monitor’s remuneration or expenses..

(1)

Section 233B was inserted by section 14 of the Corporate Insolvency and Governance Act 2020 (c.12).

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