Becoming bankrupt means you’re declared by law to be unable to repay your debts. Most of your debts could be eliminated in this way, and debt collectors and creditors will stop contacting you. Bankruptcy is seen as an option of last resort, and it’s typically used for dealing with debt that can’t be repaid. You can become bankrupt in two ways: by voluntarily filing for bankruptcy yourself or through your creditors applying for you to become bankrupt. Once you are bankrupt, a registered bankruptcy trustee takes control of most of your finances and tries to pay off your debts. They have the power to sell your assets and to take any income earned over a certain limit. Bankruptcy lasts for three years. During this time, you will have limits on what you can do, such as restrictions on running companies and work in certain professions. Bankruptcy is recorded on your credit report for up to seven years and on the National Personal Insolvency Index permanently. And since it can have serious implications for your financial future, you should consider bankruptcy only if you have no other better option.
What is business liquidation?
In contrast, business liquidation applies only to companies. If your company is unable to pay its debts and goes into liquidation, a liquidator is appointed and the business ceases operations. Typically, company assets are sold or realized to repay debts. Once that’s done, the company is shut down. Liquidation can be voluntary or involuntary . It can be ordered by a court or initiated by creditors or members. Liquidation could be initiated if the company wants to end its operations. The outcomes are typically the same for both types of liquidation, but they differ in the way they’re initiated. Alternatives or preceding stages to liquidation could be receivership or voluntary administration. These insolvency processes could help companies in trouble without the winding up and closing down that liquidation involves.
Key differences between Bankruptcy and liquidation
The key difference is bankruptcy is only for individuals and liquidation is only for businesses.
Other important differences include the following.
State vs process – Bankruptcy is a state during which the individual is considered to be unable to repay his or her debts. Liquidation is a process that distributes a company’s assets and shuts down the company permanently. Permanent outcome – While both bankruptcy and liquidation are temporary processes, liquidation results in a permanent closing down of the business. The company is permanently closed down while bankruptcy lasts only three years. Fresh start – While bankruptcy can give an individual a new start with a financial reboot, liquidation results in the company shutting down so it can’t give businesses the same opportunity to reboot.
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In Re Burger Boys, Inc., Debtor. South Street Seaport Limited Partnership, Creditor-Appellant v. Burger Boys, Inc., Doing Business as Burger Boys of Brooklyn, Debtor-Appellee, 94 F.3d 755, 2d Cir. (1996)