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Liquidation of the Assets of a Business

From the creditors' point of view, liquidation is the last resort for an insolvent or distressed debtor. Many no-asset cases are filed in which there are no payments for any creditor, including priority creditors. Other times, priority obligations (such as money owed to secured creditors) are so large that when the company's assets are liquidated there is not enough to pay the secured creditors in full - meaning there is no recovery to general unsecured trade creditors.

Accordingly, since creditors desire the largest possible return, they typically decide to utilize liquidation proceedings only after voluntary settlement arrangements, or an assignment for the benefit of creditors have proved unsuccessful.

One of the alternatives to a bankruptcy filing involves conducting an informal liquidation of the assets of the business. The key issue in conducting a non-bankruptcy liquidation is control of the sale, combined with control of the proceeds of the sale of the assets. Even an informal liquidation process, general unsecured trade creditors do not normally receive payment until secured creditor(s) are paid all or a substantial portion of their outstanding balance.

Reprinted with the permission of Credit Research Foundation.

Edited by : Michael Dennis, author of "Credit and Collection Handbook" available at the NACM Bookstore.

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