Assigning A Business In Bankruptcy

Assigning A Business In Bankruptcy

Businesses that become nonviable often complete their days in the bankruptcy court, often under a Chapter 7 petition. This is known as a liquidation bankruptcy and as the name suggests, all assets are liquidated with the funds distributed to creditors. There are rare situations where the owner gets to walk away with a little cash and a completely clear credit record since all creditors have been paid in full.

There are situations where a liquidation bankruptcy can be paused. This is when a possible sale of the business is indicated (assigning a business). In most cases, being able to sell the business as a whole is less expensive and much easier than trying to sell the assets one by one. However, creditors have to agree to the sale price, which may result in them receiving still less money.

For creditors, this can be a gamble. Assets may have a resale value which, at auction, is not reached. This means that asset sales will often recoup far less than their actual resale value. Creditors take this into account when reviewing a possible sale of a bankrupt businesses.

One advantage that does often appeal to creditors is that the bankruptcy process can be completed quickly. This doesn’t mean that this process in bankruptcy is easy or straightforward. Different states have different legislation covering these transactions. In some states, it only takes one creditor to object to the sale and the transaction is negated.

If you have a business that could be headed for bankruptcy, you can try and sell out before you reach that stage, or you can file for bankruptcy and hope to attract a buyer during the proceedings. Businesses in bankruptcy can be attractive to some investors since the purchase price is often lower than its real value. Seek legal assistance before filing your bankruptcy petition – there may be easier alternatives.

Bankruptcy For Senior Citizens

If you think being a senior citizen brings with it special exemptions when it comes to bankruptcy – think again. Sure, there are one or two changes to a standard bankruptcy when filed by a senior citizen, but in general, everything stays the same.  That doesn’t mean that senior citizens shouldn’t file for bankruptcy – they can and should when it’s applicable.

There is also a train of thought that suggests that senior citizens have less to lose if they file for bankruptcy. The consensus being that senior citizens will probably never have a need to apply for a mortgage, so their credit scores are irrelevant. It continues on to say that most of the assets owned by a senior citizen are old and worthless anyway, so trying to seize and sell them is pointless.

While these points may be true, they lack an understanding of human nature. Senior citizens may not have a need for a mortgage, but they will most certainly have a need for health treatment and this may necessitate the need to borrow at some point. Their assets are their own – bought and paid for over the many years of their lives – you could say that it’s all they have to show for their efforts.

Bankruptcy does provide senior citizens with some exemptions. The equity in their homes (some states have limits), their pensions and social security benefits, and in some states higher limits on the values of certain assets. If you are a senior citizen, it is often advisable to seek the advice of an experienced bankruptcy attorney – your petition may not be as straightforward as most people assume.


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