11 liquidating

Similarly, jewelry store operator Christian Bernard filed for chapter 7 bankruptcy just after Christmas in 2008, as did the U. Often, however, a case is converted from chapter 11 to chapter 7 where the administrative costs of chapter 11 have resulted in a scenario in which general unsecured creditors are likely to receive little or no distribution.Unlike a chapter 11 liquidation, in which the debtor's management remains in control of the business during the liquidation process, in a chapter 7 bankruptcy case, an independent trustee is automatically appointed at the outset of the case.The pressure to liquidate appears most widespread in the retail sector, where reorganization is especially difficult.

The liquidator typically prices products close to retail at the start of a GOB sale, with prices reduced periodically throughout the sale term until all the inventory is sold.

In some cases, liquidators are permitted to "augment" the existing store inventory with other goods.

Once the GOB sales are completed, retail debtors in liquidation will typically auction leases and sell any remaining assets, including intellectual property.

Once the assets of a business are substantially liquidated, either the debtor or the creditor's committee will typically propose a plan in order to make distributions to creditors.

By the time a company files for bankruptcy relief, it is often unable to operate using "cash collateral" and must rely upon financing to complete the bankruptcy process.

Where such financing is available, it is often subject to shortened terms, high fees and high rates of interest.In addition, as a result of BAPCPA, bankrupt companies must determine whether to assume or reject their leases much earlier than under prior practice, and have a shorter time period during which they have the exclusive right to confirm a plan of reorganization.Further, the tightening credit market has made debtor-in-possession financing more difficult.In particular, the highest priority (referred to as "administrative status") has been granted to parties that deliver goods to a debtor within 20 days of the bankruptcy filing and appears to have made reorganization more difficult.Such claims must now be paid in full in order to confirm a reorganization plan, whereas prior to BAPCPA, these claims were paid in the same manner as general unsecured claims.Such terms result in pressure on a debtor to quickly obtain cash to satisfy the debtor-in-possession loan rather than the necessary breathing space for a going concern sale or reorganization.

Tags: , ,