A Chapter 7 case starts with the debtor filing a petition with the bankruptcy court. In addition to the petition, the debtor is also required to 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;
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 help of a seasoned Madison County, Georgia chapter 7 business bankruptcy attorney because the chapter 7 business bankruptcy process is complicated.
Under Chapter 7, the company ceases all operations and goes completely out of business. A trustee is appointed to liquidate the business’s assets and the money is used to clear the debt, which can include debts to creditors and investors.
The first to be paid are the investors who take the least risk. Secured creditors take less risk due to the fact that the credit that they give is generally backed by collateral, like a mortgage or other assets of the company. They know they will get paid first if the company declares bankruptcy.
Bondholders have greater chances of getting back their investments than stockholders, because bonds represent the debt of the business and the company has agreed to pay bondholders interest and to pay back their principal. Stockholders own the business, and take more risk. They could make larger amounts of money if the company does well, but they may lose money if the business does badly. The owners are last in line to be repaid if the business fails. Bankruptcy regulations decide the order of payment.
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