–OAO- Fail is insolvent and its assets are about to be liquidated to satisfy the outstanding obligations of the company. The company’s obligations include accounts payable to trade suppliers, a large monetary claim awarded by the court to a contractor for personal injury sustained due to the fault of –OAO- Fail, unsecured loans to a bank, capital due to bond holders and share capital. The liquidation process has been complex and time consuming, and therefore substantial liquidator’s fees and costs also have to be paid.The assets of the company have been depleted, so the liquidation process has only been able to realise the value of inventory and a small amount in accounts receivable. However, the liquidator has discovered that one month before the insolvency procedure commenced, the company repaid a substantial loan that was secured by the personal guarantees of the directors.Required:
(b) Explain whether the liquidator can take any action in respect of the loan that was repaid one month before the insolvency procedure commenced. (4 marks)
