Brief Information On Insolvency
By
James Keenen
Recently the economy in the U.S. has been somewhat unstable
and the result of this is that consumers have tightened up on their spending. For
many companies this means that boom times have gone bust and this is particularly
true in the housing market in the U.S. More and more people are finding themselves
involved in an insolvency proceeding by either being a shore holder, a partner or
being owed money or services by the company that is going through insolvency.
There are three basic forms of insolvency and they are
members voluntary, creditors voluntary and compulsory liquidation and while they
all have similarities they also have differences that set them apart. With members
voluntary insolvency the share holders or partners have unanimously agreed to liquidate
and the total value of the companies assets to be liquidated, exceeds the total
amount of money that is owed by the company. With regards to creditors voluntary
liquidation, all of the share holders or partners again agree to the liquidation
but the value of the assets to be liquidated does not equal the amount of the money
that is owed by the company.
With compulsory liquidation, it is ordered by a court
and is therefore compulsory. There can be any of a number of reasons for liquidation
and it does not necessarily mean the end of the company. In fact many companies
have emerged from liquidation in great shape and gone on to prosper. The first step
of the liquidation process is for the company to stop doing business and hand the
actual controls of the company over to a receiver or group of receivers who will
then notify all parties that are to be involved that the company is going through
liquidation.
This means that all share holders will be notified, as well as anyone
that the company owes money to.
Written by James Keenen. Find the latest information on
Insolvency as well as Liquidation
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