the so-called fiduciary duty to creditors. If the duty to creditors is created only at insolvency or dissolution, what … fiduciary obligation occurring at dissolution or insolvency …

. This is because a floating charge is subordinated by statute to other claims in the debtor's insolvency, whereas a fixed … claimants in corporate insolvency is generally undesirable. If particular types of voluntary transaction are subjected to … its juridical 'nature', have been driven by the desire to avoid redistribution in insolvency. This has resulted in …