Corporate Insolvency and Governance Act 2020

Priority of moratorium debts etc in subsequent winding up

This section has no associated Explanatory Notes

42(1)Where section 174A of the Insolvency Act 1986 applies, the moratorium debts and pre-moratorium debts mentioned in subsection (2)(b) of that section 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) of that Act, the supplier would not have had to make that supply;

(b)wages or salary arising under a contract of employment;

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

(d)the monitor’s remuneration or expenses.

(2)In this paragraph “wages or salary” has the same meaning as in section A18 of the Insolvency Act 1986.