Business Bankruptcy Liquidation

Business Bankruptcy Liquidation

What Is Bankruptcy Liquidation?

Bankruptcy liquidation also known as Chapter 7 Bankruptcy is a legal process where most if not all of your debt can be eliminated. It may take four up to six months and currently costs $299 to file. Bankruptcy liquidation can be used by individuals and businesses.

However, it is not as simple as filing a petition and the court grants the request. In bankruptcy liquidation, the debtor has to give up certain properties to be sold or liquidated in order to pay off as much of the debt as possible. The bankruptcy laws in your state dictate what property can and cannot be taken away from you. In general, properties of necessity such as clothing, household items, and tools you need for your profession are considered exempt. When you do not have much property that can be liquidated your case will be classified as no asset and there will be no payment distribution to your creditors.

In order to be eligible, you should not have received a chapter 7 bankruptcy discharge within the past 8 years or a chapter 13 bankruptcy discharge within the past 6 years. Your monthly income should be lower or equivalent to the median income of your state. You will be required to take a means test to determine your eligibility.

Before filing for bankruptcy liquidation, you will have to get credit counseling from an agency that has received approval from the United States Trustee. Afterwards, you can proceed with filling out all the necessary bankruptcy forms, which will basically ask you to state the source and amount of your income, monthly expenses, debts, and information about your assets. You need to file these forms along with the certificate of your credit counseling session with your local bankruptcy court.

Once you have filed for bankruptcy liquidation, a rule called automatic stay takes effect which can be very helpful in urgent situations. It temporary protects you from lawsuits, wage garnishments, eviction, foreclosure, and disconnection of utilities supplies.

When you file your case, the court will appoint a trustee whose duty is to liquidate your non-exempt assets and distribute payment to your creditors. A week or so after you have filed you and the creditors you have listed will be sent a notice informing you about the creditors meeting. During this meeting, you will be under oath while the trustee questions you about the information you have provided in your bankruptcy papers. Usually, this meeting does not last more than 10 minutes.

The last stage in the bankruptcy liquidation process is the discharge of debt. You must take note that certain debts may not be eliminated such as family or child support, student loans or tax debt. Once you have received bankruptcy discharge, you are free from any legal obligation to pay the creditors of your discharged debt. The record of your filing will be on your credit report for the next 10 years.

About the Author

T. J. Madigan has been established in online business since 1998 and is director of a number of successful online projects. For more accounting information visit Madigans.info or you can view a selection of accounting related articles at Articles.net.au - your source for free Articles, Information and Website Content.

Business Refinancing used to prevent Company Bankruptcy (Liquidation)

Business Refinancing used to prevent Company Bankruptcy (Liquidation)

In the midst of an economic downturn, many companies find themselves at risk of failure because they do not have enough cash to maintain their day to day business activities. This may be the case even if there is a strong order book as customers fail to pay invoices on time as they in turn are trying to preserve cash. There is also the increased risk that the customers themselves may stop trading leaving outstanding invoices unpaid.

Unfortunately, one of the reasons for the current recession in the UK is the lack of available funding through traditional routes such as bank loans and commercial mortgages. High Street banking institutions are currently extremely reluctant to lend because of the huge bad debt risks they have exposed themselves to over the past 5-10 years. Faced with this situation, it is not surprising that many businesses are running out of cash and considering bankruptcy and liquidation.

Where a company requires additional working capital (cash) but is not being supported by traditional banking services, there are other funding options which should be considered, these are collectively known as business re-financing. The most significant of these are as follows:

• Asset refinancing

  Raising finance secured on the value physical assets owned by the business such as plant or machinery.

• Invoice financing

  Raising finance on the strength of invoices already raised for work carried out. The finance company pays out up front and then collects the money over time as invoices are paid.

• Trade financing

  Finance provided to enable a company to fulfil a confirmed order. The finance company will typically pay suppliers directly and in turn invoice the end customer. Once the customer has paid, adhering to the typical payment terms, the finance company releases any profits back to the business.

Of course, there are certain elements of the business refinancing process which have to be carefully considered. The main one of these is that personal guarantees will have to be given by the company directors / owners. This is of course no different to a standard business loan. However, the business refinance loan will be based on the availability of real company assets or actual invoices or orders thus reducing the risk of the loan not being paid and guarantees being called into play.

All possible options are worth pursuing if the company is facing bankruptcy or liquidation due to poor cash flow. Business refinancing may not be suitable for all businesses. Nevertheless, where suitable, it can certainly provide a viable alternative to traditional sources of finance such as bank loans and commercial mortgages.

About the Author

Derek Cooper is Managing Director of Cooper Matthews Ltd, and a member of the Turnaround Management Association UK.

More details about Business Refinancing at http://coopermatthews.com/business-refinancing.html

Cooper Matthews specialise in Business Refinancing and Business Recovery Services Advice providing straight forward insolvency advice for businesses with financial problems to turn your business around. They have significant experience in working with small to medium sized businesses. Derek's experience of both corporate insolvency and business management puts him in a position to be able to understand the challenges facing businesses in today's economic climate.