The Two Major Corporate Bankruptcy Filings?

001

Top Answer
User Avatar
Wiki User
Answered
2012-02-03 15:12:06
2012-02-03 15:12:06

Just like people, sometimes a corporation accrues more debt than it actually has the ability to pay back. When this occurs, a corporation sometimes declares bankruptcy. However, corporations do not always use the same kinds of bankruptcy that individuals use. The two most common corporate bankruptcy filings are Chapter 7 bankruptcy and Chapter 11 bankruptcy.

Chapter 7, which can also be used by individuals, is for businesses that are giving up entirely. If a company declares Chapter 7 bankruptcy, that company will cease operations immediately. At that point, legal ownership of the company is transferred to the bankruptcy court.

When ownership of the company is transferred to the court, a lawyer will be appointed by the court to oversee the rest of the bankruptcy. This will include overseeing the closing of that corporation's facilities. It will also include a liquidation of the company's assets. The assets will be sold, and the proceeds of those sales will be used to pay back creditors that are owed money by the company.

Chapter 11 bankruptcy, not used by individuals, is a bit different. Instead of the business being closed, the business is allowed operate normally during the bankruptcy. The goal of a Chapter 11 bankruptcy is the restructuring of the corporation so it can be profitable once again.

There is also another potential benefit from this kind of corporate bankruptcy. All or a good portion of the company's previous debts and other obligations may be absolved. This is due to the fact that the goal of Chapter 11 bankruptcy is reorganization. Debt or other obligations that would force a company to go out of business may be removed to help that occur.

Obligations other than debt that may be set aside by the court can vary. Usually this includes things such as agreements with unions on employee pensions and benefits, leases for real estate and other expensive contracts.

However, even if a corporation attempts to enter Chapter 11 bankruptcy, there is still a risk that the company may be liquidated as part of a Chapter 7 bankruptcy. This can occur if a plan is not agreed upon by the corporation, its creditors and the court.

If this happens, the only remaining options are either entering Chapter 7 or returning back to the company's pre-bankruptcy state. Since the company entered bankruptcy because survival without reorganization was unlikely, both choices are rather undesirable.

001
๐ŸŽƒ
0
๐Ÿคจ
0
๐Ÿ˜ฎ
0
๐Ÿ˜‚
0
User Avatar

Related Questions


Every person who files a bankruptcy case is concerned about who will find out about it. It is true that all bankruptcy filings are a matter of public record, but this does not mean it is easy for others to learn about your case. The two main ways another person can learn about your filing is to either go to the bankruptcy courthouse where you filed and conduct a search, or have the required credentials to obtain a PACER account. (govpublicaccess)


Yes. However due to the new bankruptcy reform the party involved may have to file whichever type of bankruptcy the trustee feels is applicable. The point of the reform is to prevent multiple BK filings. The premise is, if the debtor has even a small amount of nonexempt income it is to be used for repayment of debts.


It shouldn't, however CRA's are not always accurate in their data keeping. If the previous expired bankruptcy shows in the PR's portion, it would be advisable to send a letter of dispute to the reporting agency.


What are the two major provisions of Sarbanes-Oxley regarding auditors, corporate responsibility, conflicts of interests and financial disclosures?


The U.S. Bankruptcy Code allows debtors to file for bankruptcy multiple times, but has changed the number of years you must wait between filings. Previously, a debtor could file under either Chapter 7 or 13 after a six-year waiting period. In 2005, this changed to coincide with the new rules for bankruptcy filings under Chapter 13.Chapter 13 After Chapter 7Section 1328(f) of the U.S. Bankruptcy code restricts debtors who previously filed for bankruptcy under Chapter 7 from filing under Chapter 13 for four years from the date of the Order for Relief.Chapter 13 After Chapter 13Under the same section, debtors who previously filed under Chapter 13 can again file under Chapter 13 after a mere two years from the date of the Order for Relief, although you may be required to finish payments under your reorganization plan before the judge will accept your filing.After a Dismissed Bankruptcy FilingIf you filed for bankruptcy, but the judge rejected or dismissed your filing, or you voluntarily or involuntarily withdrew from the proceedings, you may file under either chapter 180 days after the dismissal/withdrawal date.Rules for Filing Bankruptcy Multiple TimesWhile the U.S. Bankruptcy Code does not restrict the number of times a debtor may file bankruptcy, bankruptcy judges can--and do. Many judges routinely reject additional bankruptcy filings when they feel a debtor is abusing the protection or failing to honor his financial obligations to his creditors.ConversionsIf you wish to file bankruptcy under Chapter 13 because the provisions seem more appealing, you should consider converting your open Chapter 7 bankruptcy to a Chapter 13, instead.


You can file bankruptcy for two possible reasons: you are unable to pay your debts or your creditors file for bankruptcy if you owe them more than 1000 dollars.


Probably the simplest method would be to first use a strong magnet to pull all the iron filings out of the mixture - along with the ashes that cling to the iron filings, then blowing or washing the ashes from the collected iron filings. Near total separation could probably be achieved through repeated applications of these two steps.


The first step in filing bankruptcy is collecting all of your personal financial information. This will include a list of all your secured and unsecured debts (you might find ordering your credit report helpful), tax returns for the last two years, deeds to any real estate you own, car titles, and any other loan documents you may have. Most individuals will choose between filing a "Chapter 7" bankruptcy and a "Chapter 13" bankruptcy. You will benefit from consulting with a bankruptcy lawyer, when determining which form of bankruptcy you should pursue. When you are looking for a bankruptcy lawyer, you will typically benefit from hiring a lawyer who handles a lot of bankruptcy cases, and has good systems in place for processing bankruptcy forms and filings. If you are able, you may wish to seek a referral to a bankruptcy attorney from a lawyer you know and trust. If not, this is a category of lawyer that is often easiest to find through your local Yellow Pages.


Yes, the accident and bankruptcy are two different issues.


Bankruptcy is a court proceeding under a federal statute called the "Bankruptcy Code". The Bankruptcy Code allows persons or other entities in financial distress relief from some or all of that person's debt. Bankruptcies are administered through a separate federal court called the United States Bankruptcy Court. There are several types of bankruptcies. For individuals, the two main types of bankruptcy filings are cases under Chapter 7 or Chapter 13 of the Bankruptcy Code. Chapter 7 cases are also referred to as "liquidation" cases. Chapter 13 cases are commonly referred to as "debt adjustment" or "wage earner" cases. Individuals can also be eligible for Chapter 11 reorganization, but Chapter 11 is normally used by debtors in business or debtors with extremely high amounts of debt. Farmers can also file a separate type of bankruptcy available only to farmers under Chapter 12 of the Bankruptcy Code. The word "Chapter" is simply a reference to a chapter number in the Bankruptcy Code. Bankruptcy is a court proceeding under a federal statute called the "Bankruptcy Code". The Bankruptcy Code allows persons or other entities in financial distress relief from some or all of that person's debt. Bankruptcies are administered through a separate federal court called the United States Bankruptcy Court. There are several types of bankruptcies. For individuals, the two main types of bankruptcy filings are cases under Chapter 7 or Chapter 13 of the Bankruptcy Code. Chapter 7 cases are also referred to as "liquidation" cases. Chapter 13 cases are commonly referred to as "debt adjustment" or "wage earner" cases. Individuals can also be eligible for Chapter 11 reorganization, but Chapter 11 is normally used by debtors in business or debtors with extremely high amounts of debt. Farmers can also file a separate type of bankruptcy available only to farmers under Chapter 12 of the Bankruptcy Code. The word "Chapter" is simply a reference to a chapter number in the Bankruptcy Code.


Consumer bankruptcy is bankruptcy that is filed by the individual who is in debt mostly due to consumer good. This is opposed to a business or corporation filing for bankruptcy. There are two types of bankruptcy which an individual/consumer can file under: Chapter 7 and Chapter 13.


Iron is a ferrous material, and aluminum is non-ferrous. A magnet would separate the two materials as the iron would be attracted to the magnet while the aluminum filings would not. The term ferrous basically refers to any material which contains iron.


You could do this using a magnet, Iron filings are attracted to a magnet, aluminium filings are not.Hint: magnetism, investigate the relative magnetic properties of the metals.Iron is a ferrous material, and aluminum is non-ferrous. A magnet would separate the two materials as the iron would be attracted to the magnet while the aluminum filings would not. The term ferrous basically refers to any material which contains iron.


Bankruptcy is not part of financial planning. Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.


The bankruptcy reform of 1994 is typically isThe Act of Bankruptcy has often emerged from times of economic crisis, and had generally made filing for bankruptcy easier. Congress passed the Acts of 1898, 1933, 1934, 1978, 2001 and 2009 in response to depression, recession or widespread financial panic. In the 2005 act, Congress made some bankruptcy filings more difficult. The most substantial recent act, the Bankruptcy Act of 1994, helped debtors and creditors alike. Creditors and some members of Congress have objected to the extent of protection offered in Chapter 13 of the 1994 act. It is required to pay back at least a portion of their debts. Sometime you will find it difficult to file bankruptcy. Bankruptcy is a legal process that relieves debtors of the responsibility of paying their debt, or to protect them while they repay a loan that is not backed by pledged assets. In 1988, the original bankruptcy was put in law and reform at 1994. There are two main bankruptcies. They are; Involuntary and voluntary. Involuntary will make you file bankruptcy and voluntary is the most common kind.


If you are filing for bankruptcy, and you try to cosign -- two things can happen. 1. the lender will turn you down. 2. If the court finds out you have applied for credit the bankruptcy can be stopped. If you mean that the car and loan will be for you during or after the bankruptcy, this still has to be disclosed and again the bankruptcy can be stopped.


10 years. Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.


Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.


I assume "iron filling" is supposed to mean iron filings? In this case, I would use a magnet to separate the two. The iron filings will stick to the magnet, leaving the sulfur behind.


Your question needs to be addressed to an attorney familiar with bankruptcy laws as well as fraud statutes. You could begin by informing the bankruptcy trustee. That is the person assigned by the bankruptcy court to determine the eligibility of the bankruptcy applicant. If you can't find out who this person is, try calling the bankruptcy court. Bankruptcy is a federal court issue. There are usually two bankruptcy courts per state.


There are two major reasons for a business taking its operations outside the country. The first, is corporate greed, and the second is it destroys the results of 100 years of union organization. Basically, cheap labor and corporate greed drive what is happening in today's world.


The word corporate can have two or three syllables, depending on how you pronounce it. Two Syllables: (Cor-prate) Three Syllables: (Cor-po-rate)


Two distinct trends were underway as the discount industry entered the 1990s. One was the bankruptcy of several remaining discounters. The other was the spectacular growth of the (now) three major players: Target, Kmart, and Wal-Mart.


The start of the war and his bankruptcy.


Payroll taxes and penalties for fraud are not it is not eligible for bankruptcy. If the debtor filed a tax return for the relevant tax years at least two years before filing, then it is not eligible for bankruptcy. If the tax debt is from a tax return that was originally due at least three years before filing for bankruptcy then it is not eligible for bankruptcy. If the IRS assessed the tax debt at least 240 days before the debtor filed for bankruptcy, then it is not eligible for bankruptcy.



Copyright ยฉ 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.