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Chapter 7 of the Bankruptcy Code: What Happens Next to Bankruptcy?

Chapter 7 of the Bankruptcy Code: What Happens Next to Bankruptcy?
"""When a business is unable to pay its debts, the proprietor may file for bankruptcy in order to resolve the matter with the creditor. In some instances, the creditor compels the debtor to declare bankruptcy. Chapter 7 of the United States Bankruptcy Code permits creditors to recoup their investments via specific legal measures. In this clause, the debtor sells the company to pay off the debts. If the collateral is insufficient, other assets may be used to repay the balance.

The governed transaction differentiates Chapter 7 from Chapters 11 and 13 of the same code. Chapters 11 and 13 address the reconstruction of the business to increase revenue and generate repayment funds, whereas Chapter 7 addresses the liquidation of assets (including the business) to repay the debt. Depending on his inclination and the likelihood of reviving the business in the end, the owner may select either category. However, Chapter 7 offers a quicker and less laborious solution.

After filing for bankruptcy, the United States Trustee appoints a Chapter 7 Trustee to promptly examine the business's affairs to determine the optimal liquidation strategy. Until sufficient funds are generated through liquidation, the trustee has control over the liquidation's assets. He is responsible for selling the property and distributing the proceeds to creditors. In the event that numerous creditors are involved, he employs any approved method for dividing the proceeds.

After a corporate bankruptcy, selling the company to accrue funds does not necessarily entail dissolving the business and terminating all employees. Instead, the enterprise can be sold to another company in its entirety. This indicates that its operations will continue, although the new leadership may alter the protocols and policies observed. Even the management system may not be affected, depending on how the buyer evaluates its efficacy. In the case of collateral, the trustee determines which assets are sold and which are not.

The agreement between a business owner and a totally secured creditor is unaffected by the business owner's bankruptcy. If the debt is secured by collateral of equal or greater value than the debt, the completely secured creditor has the right to recover the collateral in full even if bankruptcy is filed. However, they are not entitled to any proceeds from the court-ordered liquidation of the property.

In contrast to Chapter 11 bankruptcy, Chapter 7 bankruptcy for individuals may not cover all categories of debt. Included in this category are property taxes, student loans, and child support. These obligations must be satisfied in a transaction distinct from the liquidation. The proprietor can liquidate the remaining property in another manner to cover the difference.""

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"Chapter 7 of the Bankruptcy Code: What Happens Next to Bankruptcy?" was written by Mary under the Finance / Wealth category. It has been read 157 times and generated 0 comments. The article was created on and updated on 01 June 2023.
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