A Chapter 7 proceeding starts with the debtor filing a petition with the bankruptcy court. Along with the petition, the debtor must also file with the court several schedules of assets and liabilities, details of current income and expenditures, a statement of financial affairs, and details of executory contracts and unexpired leases. The schedules and statements must contain the following information:
A list of all creditors and the amount and nature of their claims;
The source, amount, and frequency of the debtor's income;
Details of of all of the debtor's property; and
Details of of the debtor's monthly living expenses (food, clothing, shelter, utilities, taxes, transportation, medicine, etc.).
Businesses intending to file Chapter 7 should seek the assistance of a seasoned Columbus, Georgia chapter 7 business bankruptcy attorney because the chapter 7 business bankruptcy process is complex.
In Chapter 7, the company ceases its operations and goes completely out of business. A trustee is appointed to liquidate the business’s assets and the money is used to pay off the debt, which can include debts to creditors and investors.
The investors who take the least risk are paid first. Secured creditors take less risk because the credit that they extend is generally backed by collateral, such as a mortgage or other assets of the company. They know they will be paid first if the business declares bankruptcy.
Bondholders have greater chances of recovering their investments than stockholders, as bonds represent the debt of the business and the company has accepted to pay bondholders interest and to pay back their principal. Stockholders own the company, and take greater risk. They could make more money if the business does well, but they may lose money if the company does badly. The owners are the last to be repaid if the company fails. Bankruptcy rules decide the order of payment.
---------------------Columbus Georgia bankruptcy lawyer | Bankruptcy attorneys in Columbus GA and Fort Benning - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Columbus GA and Fort Benninghttp://www.columbus-ga-bankruptcy.com