In today’s tough economy, many businesses are considering filing for bankruptcy. This article will shed light on the business bankruptcy process and how it affects companies in the marketplace. If you are curious about the causes of bankruptcy, how a company can resolve its insolvency, or the best way to determine if bankruptcy is right for your business, then you need to read this article.
Business bankruptcy generally is the result of a company failing to pay its creditors due to a lack of funds. This is generally caused when a company is not generating enough revenue to pay all of its financial commitments. The actual term “bankrupt” is a term that is used in the United States, in the UK businesses enter into a Company Voluntary Arrangement (CVA), or the assets of the company are seized and liquidated.
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.
In the event that the company’s financial duress can not be solved by a CVA and their financial means are minimal, the company would be considered insolvent and would begin liquidation proceedings. Prior to the liquidation, an insolvency agent would be appointed in order to take control of the company and be responsible for liquidating all of the company’s property in an attempt to recoup some of the money owe to the creditors of the business.
In a liquidation proceeding, the creditors are paid back in relation to their seniority. Liquidators often have the first priority of the recovered funds in order to pay their fees. After the liquidators have been paid, tax authorities will be next in receiving a payment. Secured debt holders such as banks, will be the next creditor on the list to be paid. Any remaining assets will be divided amongst unsecured creditors, including lenders, bondholders, vendors, and employees. Unfortunately, shareholders rarely recover their investment into the company.
If you are in the UK, business bankruptcy might be a viable option for you and your company; however you need to seek the advice of a knowledgeable insolvency practitioner. A good practitioner will guide you through the twisted maze of business bankruptcy protocols and educated you on whether liquidation or a Company Voluntary Arrangement is the right choice for your business.