There are many things to consider when filing bankruptcy for a business. This article will discuss the different methods of filing for bankruptcy, and the effect that it can have on a business. We will briefly touch on the causes of bankruptcy, how companies can go about solving its insolvency, and the process one would need to go through in order to determine if filing bankruptcy for their business is the best strategy.
Many companies going through the bankruptcy process are generally unable to pay all of their bills and financial commitments. Because of the tough economy, many businesses are not making enough income to support all of the costs associated with running a business. When faced with this tough predicament, some businesses take part in a Company Voluntary Arrangement also referred to as a "CVA". A business can also opt to have its assets liquidated in order to pay its creditors.
When a company enters into a Company Voluntary Arrangement (CVA), it normally is because it is running out of cash and has opted to enter into receivership. When a company enters into receivership, creditors have the right to appoint a receiver to organize the company's assets and ensure that the creditors' interests are being met.
There are cases when the business can not be saved or reorganized. If a company in financial distress can not pay its financial commitments and is not purchased by another company, this company is considered insolvent. Upon determining that a company is insolvent, an insolvency representative will take control over the business and its operations. It is the insolvency representative's responsibility to sell all of the company's possessions and allocate all of the proceeds to the debts of the business.
There can be many creditors that are owed money following the liquidation of a company's assets. Generally, the liquidation firm is entitled to receive payment for its services from the liquidation proceeds before any other creditor is paid. After the firm has been paid any outstanding tax liabilities owed by the company will be paid next. Tax authorities generally hold the highest authority amongst creditors and therefore they will always be the first creditors paid. If there are no tax liabilities to be paid, then all of the secured debt liabilities will be paid next, followed by unsecured creditors and employees.
A business bankruptcy might be the best option for a struggling company. However, before you should make that decision alone. You should seek the counsel of an experienced insolvency practitioner that can help you to determine whether going through the process of a business bankruptcy is right for you and your business. There are a multitude of options to consider when going through the process of liquidation or a Company Voluntary Arrangement and a good practitioner will make sure you are well-versed in the best options available for you.
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