UK Business Bankruptcy - Is It The Right Step To Take?
Tuesday, March 8th, 2011There are many things to consider when filing bankruptcy for a business. This article will discuss the different methods of filing for bankruptcy, and the effect that it can have on a business. We will briefly touch on the causes of bankruptcy, how companies can go about solving its insolvency, and the process one would need to go through in order to determine if filing bankruptcy for their business is the best strategy.
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.
A Company Voluntary Arrangement (CVA) is generally agreed upon when the company is not generating the revenue needed to pay all of its financial commitments. During the CVA proceedings, the company’s creditors will assign a receiver to restructure the company’s financial assets and make certain that the interest of the creditors of the company are being served in the best manner possible.
There are cases when the business can not be saved or reorganized. If a company in financial distress can not pay its financial commitments and is not purchased by another company, this company is considered insolvent. Upon determining that a company is insolvent, an insolvency representative will take control over the business and its operations. It is the insolvency representative’s responsibility to sell all of the company’s possessions and allocate all of the proceeds to the debts of the business.
Every creditor that is owed money after a scheduled liquidation will be paid back according to the priority of their debt. The liquidation agent will always receive their fee in advance of any creditors being paid. Tax authorities hold the highest priority amongst all other creditors and will be the first creditor to be paid after the liquidation of a company’s assets. Banks and other secured creditors will be paid after the tax authorities. If there are any funds that remain after paying the outstanding taxes and secured creditors, it will be rationed off to all of the unsecured creditors and employees.
A business bankruptcy might be the best option for a struggling company. However, before you should make that decision alone. You should seek the counsel of an experienced insolvency practitioner that can help you to determine whether going through the process of a business bankruptcy is right for you and your business. There are a multitude of options to consider when going through the process of liquidation or a Company Voluntary Arrangement and a good practitioner will make sure you are well-versed in the best options available for you.
Learn More : Business Bankruptcy Or Business Liquidation