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BANKRUPTCY

BANKRUPTCY. Procedures and Outcomes Andrew Pickett. History. Bankruptcy Act of 1898 (Nelson Act) Bankruptcy Act of 1938 (Chandler Act) Bankruptcy Reform Act of 1978. What is Bankruptcy?.

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BANKRUPTCY

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  1. BANKRUPTCY Procedures and Outcomes Andrew Pickett

  2. History • Bankruptcy Act of 1898 (Nelson Act) • Bankruptcy Act of 1938 (Chandler Act) • Bankruptcy Reform Act of 1978

  3. What is Bankruptcy? • Gives debtors who are unable to meet their debt obligations a mechanism for formulating a plan to resolve their debts through an allocation of their assets among their creditors. • Liquidation • Reorganization

  4. Bankruptcy Code • Six types of bankruptcy under the Bankruptcy Code: • Chapter 7: basic liquidation for individuals and businesses; also known as straight bankruptcy; it is the simplest and quickest form of bankruptcy available • Chapter 9: municipal bankruptcy; a federal mechanism for the resolution of municipal debts • Chapter 11: rehabilitation or reorganization, used primarily by business debtors, but sometimes by individuals with substantial debts and assets; known as corporate bankruptcy, it is a form of corporate financial reorganization which typically allows companies to continue to function while they follow debt repayment plans • Chapter 12: rehabilitation for family farmers and fishermen; • Chapter 13: rehabilitation with a payment plan for individuals with a regular source of income; enables individuals with regular income to develop a plan to repay all or part of their debts; also known as Wage Earner Bankruptcy • Chapter 15: ancillary and other international cases; provides a mechanism for dealing with bankruptcy debtors and helps foreign debtors to clear debts.

  5. Bankruptcy Code ctd. • Most common type for individuals are Chapters 7 & 13 • Corporations and other business forms file under either Chapters 7 or 11 • As much as 65% of all U.S. consumer bankruptcy filings are Chapter 7 cases

  6. Chapter 7 - Liquidation • All the assets of a corporation will be distributed to holders of claims on the corporation, and no corporate entity will survive. • Claimholders receive cash disbursements • Absolute Priority Rule

  7. Chapter 11 - Reorganization • New corporate entity • Claimholders can receive cash, securities in the newly reorganized corporation, or a combination of both • Often violate the Absolute Priority Rule

  8. Chapter 11 - Reorganization ctd. • Process: • Committee representing various claimholders appointed to formulate plan of reorganization • Negotiation process usually long • Creditors often convince equity holders to accept the plan by offering to distribute some value to them • For reorganization plan to be approved: • Approval from the court • 2/3 approval from the number of claims voting • 2/3 approval from outstanding shares of each class of interests

  9. Recent Developments • Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) • Published in 2005 and amended the Bankruptcy Code (Individual bankruptcy) • Means test • Those with the ability to pay will be required to pay at least a portion of their debts. • Those who fall behind their state’s median income will not be required to pay back debts • More difficult for serial filers to abuse generous bankruptcy protections • 8-year rule

  10. Questions?

  11. Sources • Fabozzi, Frank J., Franco Modigliani, and Frank Joseph. Jones. Foundations of Financial Markets and Institutions. Boston, MA: Pearson/Addison-Wesley, 2010. Print. • Wikipedia, the Free Encyclopedia.Web. 03 May 2011. http://en.wikipedia.org/ • "Corporate Bankruptcy." U.S. Securities and Exchange Commission (Home Page). Web. 03 May 2011. <http://www.sec.gov/investor/pubs/bankrupt.htm>. • "An Overview Of Corporate Bankruptcy." Investopedia.com - Your Source For Investing Education. Web. 03 May 2011. <http://www.investopedia.com/articles/01/120501.asp>.

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