A Chapter 7 proceeding starts when the debtor filing a petition with the bankruptcy court. In addition to the petition, the debtor should 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 include the following information:
Details of of all creditors and the amount and nature of their claims;
The source, amount, and frequency of the debtor's income;
A list of all of the debtor's property; and
A detailed list of the debtor's monthly living expenses (food, clothing, shelter, utilities, taxes, transportation, medicine, etc.).
Businesses intending to file Chapter 7 must seek the assistance of a seasoned Jones County, Georgia chapter 7 business bankruptcy attorney because the chapter 7 business bankruptcy process is complex.
In Chapter 7, the company stops its operations and goes completely out of business. A trustee is appointed to sell the business’s assets and the amount is used to clear 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 typically supported by collateral, such as a mortgage or other assets of the company. They realize they will get paid first if the company files for bankruptcy protection.
Bondholders have more potential for getting back their investments unlike stockholders, because bonds are the debt of the business and the business has agreed to pay bondholders interest and to return their principal. Stockholders own the business, and take more risk. They could make more money when the business does well, but they could lose money if the company does badly. The owners are the last to be repaid if the business closes. Bankruptcy regulations decide the order of payment.
---------------------Macon Georgia bankruptcy lawyer | Bankruptcy attorneys in Macon GA and Warner Robins - Filing for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy in Macon GAhttp://www.macongabankruptcy.com
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