Contact Us

If you still have questions or prefer to get help directly from an agent, please submit a request.
We’ll get back to you as soon as possible.

Please fill out the contact form below and we will reply as soon as possible.

  • Courses
  • Tutoring
  • Home
  • Law, Transactions, & Risk Management
  • Commercial Law: Contract, Payments, Security Interests, & Bankruptcy

Chapter 7 Bankruptcy Process - Explained

What is a Liquidation Bankruptcy?

Written by Jason Gordon

Updated at September 26th, 2021

Contact Us

If you still have questions or prefer to get help directly from an agent, please submit a request.
We’ll get back to you as soon as possible.

Please fill out the contact form below and we will reply as soon as possible.

  • Marketing, Advertising, Sales & PR
    Principles of Marketing Sales Advertising Public Relations SEO, Social Media, Direct Marketing
  • Accounting, Taxation, and Reporting
    Managerial & Financial Accounting & Reporting Business Taxation
  • Professionalism & Career Development
  • Law, Transactions, & Risk Management
    Government, Legal System, Administrative Law, & Constitutional Law Legal Disputes - Civil & Criminal Law Agency Law HR, Employment, Labor, & Discrimination Business Entities, Corporate Governance & Ownership Business Transactions, Antitrust, & Securities Law Real Estate, Personal, & Intellectual Property Commercial Law: Contract, Payments, Security Interests, & Bankruptcy Consumer Protection Insurance & Risk Management Immigration Law Environmental Protection Law Inheritance, Estates, and Trusts
  • Business Management & Operations
    Operations, Project, & Supply Chain Management Strategy, Entrepreneurship, & Innovation Business Ethics & Social Responsibility Global Business, International Law & Relations Business Communications & Negotiation Management, Leadership, & Organizational Behavior
  • Economics, Finance, & Analytics
    Economic Analysis & Monetary Policy Research, Quantitative Analysis, & Decision Science Investments, Trading, and Financial Markets Banking, Lending, and Credit Industry Business Finance, Personal Finance, and Valuation Principles
  • Courses
+ More

Table of Contents

What is the Chapter 7 bankruptcy process?Filing Bankruptcy Estate Proofs of Claim Liquidation Discharge Discussion QuestionPractice QuestionAcademic Research

What is the Chapter 7 bankruptcy process?

The Chapter 7 bankruptcy process is fairly straightforward. It involves the following steps:

Filing 

The debtor files a voluntary petition or is the subject of an involuntary petition.

Bankruptcy Estate 

Initiating the bankruptcy process creates the bankruptcy estate containing all of the debtors non-exempt assets. Also, the automatic stay halts all collection efforts against the debtor. The trustee in bankruptcy is appointed or elected and charged with identifying and assembling assets of the bankruptcy estate.

Proofs of Claim 

At the time of filing, creditors of the debtor are put on notice of their rights to put in a claim against the bankruptcy estate for any debts owed them by the debtor. Secured creditors must be paid in full from the estate or have the property serving as collateral for the debt surrendered to them. Once secured creditors are paid to the extent of the value of their security interest in collateral, unsecured creditors are paid based upon their priority. Higher priority creditors will be paid before lower priority creditors. All creditors in a given class of debtor will be paid an equal percentage of their claims.

Liquidation 

The trustee will sell or liquidate all available assets of the bankruptcy estate to generate funds to pay estate debts.

Discharge 

Once all assets of the estate are liquidated and creditors paid, the court will enter an order discharging the debtor of all debts identified in the bankruptcy proceeding. Failure to submit a claim after receiving notice will cause a claim to be discharged. If a creditor is not notified of the bankruptcy proceeding, that creditors claim against the debtor will not be discharged.

This process is fairly linear in nature. It is common for bankruptcy cases to be dismissed at any stage of the proceeding for failing to move forward in accordance with the courts order.

Next Article: Chapter 11 Bankruptcy Process Back to: BANKRUPTCY LAW

Related Topics

  • What is the Chapter 7 bankruptcy process?
  • What is the Chapter 11 bankruptcy process?
  • How to File Bankruptcy for a Business

Discussion Question

What do you think about the process for filing a Chapter 7 Bankruptcy? Can you think of situations where a business liquidation could be very difficult? Do you think the process adequately protects creditor rights?

Practice Question

ABC Corp is in dire straits. It is considering filing for bankruptcy and liquidating the company. Can you explain to ABC the process of liquidating under Chapter 7?

Academic Research


chapter 7 bankruptcy process bankruptcy

Was this article helpful?

Yes
No

Related Articles

  • Organization of a Contract - Explained
  • Uniform Commercial Code - Explained
  • Interpreting What a Contract Means
  • Negotiable Instrument - Accord and Satisfaction



©2011-2021. The Business Professor, LLC.
  • Privacy

  • Questions

Definition by Author

0
0
Expand