Xu Che
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Xu Che. Concept. Bankruptcy is a legal status of a person or organization that cannot repay the debts it owes to creditors. Liabilities exceed Assets Negative Equity. Causes of Bankruptcy. External business conditions Internal business conditions Severe monetary problems.
Xu Che
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Concept • Bankruptcy is a legal status of a person or organization that cannot repay the debts it owes to creditors. • Liabilities exceed Assets • Negative Equity
Causes of Bankruptcy • External business conditions • Internal business conditions • Severe monetary problems
What are their choices? Bankruptcy Law • Chapter 7- Liquidation for individual and businesses • Chapter 11- Reorganization • Chapter 13- Personal
Chapter 7- Liquidation • The company stops all operations and goes completely out of business. • Collateral Assets serves as protection for a lender against a borrower’s default. • Remaining Assets are liquidated
Order of Payments 1. Secured creditors- collateral 2. Unsecured creditors - employees, suppliers, banks, government (taxes) and bondholders 3. Stockholders - preferred stock holders and common stock holders
Chapter 11- Reorganization • Company still run business and control the bankruptcy process. • Voluntary or Involuntary A corporation which continues to operate its business under chapter 11 bankruptcy proceedings is a debtor-in-possession.
Reorganization Plan Federal Court will appointone or more committees to represent the interests of creditors and stockholders in working with the company to develop a plan of reorganization to get out of debt. • A Vote on the plan • 2/3 groups say Yes- Pass • Cancel the existing equity shares
Results of Restructure • Success - reshaping the company into a profit entity • What if it fails? - Chapter 7
Guessing… • How many firms filed Chapter 11 from Year 1993 to 2007? • 521 • 821 • 1221 • 1621 • How many firms emerging from bankruptcy as public companies during this period? • 216 • 516 • 816 • 1216
Number of firms filed / Number of firms successfully restructured =8 : 1
Summary • Bankruptcyis a legal status of a person or organization that cannot repay the debts it owes to creditors. • Three main causes of Bankruptcy • Chapter 7- Liquidation -Order of payment • Chapter 11- Reorganization
Reference • “Emerging from Bankruptcy with When-Issued Trading,” Raymond M. Brooks and J. Jimmy Yang Financial Review (The), vol. 47, pp. 445-467, (Aug 2012) • http://www.morebusiness.com/running_your_business/profitability/Business-Bankruptcy.brc • http://www.sec.gov/investor/pubs/bankrupt.htm • http://en.wikipedia.org/wiki/Debtor_in_possession • http://www.totalbankruptcy.com/overview/basics/chapter7-chapter13-comparison.aspx • http://en.wikipedia.org/wiki/Bankruptcy#United_States • http://www.economist.com/node/13782942