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8/24/2020 What is Bankruptcy?

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What Exactly Does it Mean When a Company Files for


Bankruptcy?
And how is it different from insolvency?

By PAUL JOHN CAÑA   |   May 7, 2020

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8/24/2020 What is Bankruptcy?

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Bankruptcy is increasingly becoming a familiar word while the planet grapples


with the coronavirus. With most people still being advised to stay home, and
businesses remaining shuttered because of lockdown orders from the
government, it’s becoming more and more dif cult for these businesses to stay
a oat and remain viable. 

While there are companies that have out-and-out shut down, others have
chosen to le for bankruptcy in an effort to save their businesses. The parent
company of Gold’s Gym in the US, and fashion retail brands J. Crew and True
Religion, for example, are just some of the companies that have declared
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In its simplest terms, bankruptcy is a legal process that allows an individual or Check if you are eligible to participate
company to settle debts to creditors. Contrary to popular belief—or in the Australian Skilled Immigration
preconceived notions—declaring bankruptcy doesn’t automatically mean a program!
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business or person is a failure. It just means that the debtor has taken it upon
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Often we hear of the phrase Chapter 11 bankruptcy, which takes its name from
the American bankruptcy code 11. Essentially it is a means for corporations to This Is How 8 Powerful and In uential
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Bankruptcy is often confused with insolvency, but the two words do not mean During the Pandemic

the same thing. According to Debt.org, it is possible for you to be insolvent but
not bankrupt, but it is not possible for you to be bankrupt without also being The New Toyota Corolla Cross Is the
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insolvent. For

“Insolvency is the inability to pay debts when they are due,” Debt.org states. Is Ramon Ang Interested in Running
“Fortunately, there are solutions for resolving insolvency, including borrowing for Public O ce?

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8/24/2020 What is Bankruptcy?

money or increasing income so that you can pay off debt. You also could
negotiate a debt payment or settlement plan with creditors.

“Bankruptcy is usually a nal alternative when other attempts to clear debt


fail.”

In the Philippines, insolvency is the more widely accepted term for when a 'The moment you become selfish,
you do less.'-David Almirol Jr.
business is unable to pay its liabilities (cash ow insolvency) or have liabilities
The CEO of a flourishing Filipino software
that are much greater than its assets (balance sheet insolvency). company can tell you a thing or two about…

The equivalent law for bankruptcy and insolvency issues in the Philippines is
RA 10142 or the Financial Rehabilitation and Insolvency Act (FRIA). MOST SHARED

When a company declares itself to be insolvent, the law states that it can
choose two main courses of relief: either rehabilitation or liquidation.
(According to Val.law, for individual insolvent debtors, the law offers an
additional relief in the form of suspension of payments).

Rehabilitation, as de ned by FRIA, refers to the “restoration of the debtor to a


condition of successful operation and solvency.” The caveat here is that the 1 U.P. Singing Doctor Dies After
Second Bout with COVID-19
debtors must show that “its continuance of operation is economically feasible
and its creditors can recover by way of the present value of payments projected
in the plan, more if the debtor continues as a going concern than if it is 2 Is National Book Store Closing?
Here Is Their Statement
immediately liquidated.”

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Rehabilitation proceedings can either be court-supervised, pre-negotiated, or Up Ashore After an Earthquake
out-of-court or informal. Val.law states that the main difference between these
different types is the level of involvement of the courts over the rehabilitation
proceedings. #INTHELOOP
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Liquidation, on the other hand, means exactly as the name suggests: stopping Makati Condo is a
operations of the company and bringing it to an end by selling off its assets to Paragon of
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pay for its debts.
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It is called voluntary liquidation if the proceeding is led by the debtor, while it
is an involuntary liquidation if it is led by creditor. The Perks of Riding
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Bankruptcy or insolvency are terms that entrepreneurs or company owners and Pink-Shirted
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executives would rather not hear and deal with, but they are realities in the
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About The Author

Paul John Caña


Associate Editor, Esquire Philippines

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