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Article Directory :: Legal Articles
Bankruptcy is a state wherein a company is in financial distress. A company is in financial distress if all its assets are not sufficient to satisfy all its debts. A company, in this situation, will hire a bankruptcy lawyer to help it file a bankruptcy case in court. The company will basically ask the court to stop all its creditors from demanding payment of its debts. The company in financial distress will also ask the court to preserve all its assets and prevent its creditors from taking them. A bankruptcy lawyer will provide all the assistance to the company in order for the latter to get through the bankruptcy case.
The financial woes of company do not happen immediately. The financial distress basically starts when the business of the company is not doing well. In such case, the profits of the company are dwindling as time goes by until it finds that the profits are not enough to support its operation.
The company will take initial steps to try and prevent a declaration of bankruptcy. One is that it will lay off employees to minimize operation costs. The company will also close shops or factories to prevent bleeding in its financial books. At this stage, the company is already in financial distress but, it is still trying to manage and find ways to save the company and prevent a declaration of bankruptcy.
When, despite efforts to save the company, the business is still failing, the only resort of the company is to go to court and file a bankruptcy case. A bankruptcy lawyer will be at the forefront of all these happenings and will do anything to help its client company.
A corporate bankruptcy lawyer is considered a big player in the legal profession. A bankruptcy case of an individual is different from that of a company. In the case of a company bankruptcy application, there are many stakeholders that will get involve in the case. These stakeholders are:
• The stockholders
• The employees and officers of the company
• The creditors of the business
• The government
A lawyer of a bankrupt company must be competent enough to face all these stakeholders. The stockholders will get involve in the case because they will protect their investments. Obviously, the stockholders will prefer to dissolve the company, liquidate the assets and distribute the proceeds to them.
The employees and the officers will also get involve because they will be after their compensation and other employment benefits. The most important stakeholders in the bankruptcy case of a company are the creditors of the business. Like the stockholders, the creditors would also like the liquidation of the assets of the company to satisfy the debts of the business. Finally, the government will also be included in the case because of its regulatory functions.
The bankruptcy lawyer must possess all the necessary skills and competence to handle all these stakeholders. In fact, the case of company bankruptcy will not only include court hearings and meetings with the stakeholders, but also the examination of financial documents. A lawyer must have sufficient background on commercial and tax laws in order to perform its function in the bankruptcy case effectively.
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