Ceri Austin 
Investing in a company in financial distress can be a risky proposition. Even before a company files for bankruptcy, it may be exhibiting signs of trouble. These include declines in reported earnings, failure to raise needed investment capital, and credit rating downgrades. When these signs appear, you should reconsider your investment in the company.
While the majority of debts are treated the same under corporate bankruptcy laws, not all debts are equally treated. For example, corporate bond holders have a smaller exposure to losses than unsecured creditors. The primary difference between these two types of debts is the type of collateral that each party is holding. Secured creditors, on the other hand, extend credit that is secured by collateral. This way, they know they will be paid first in the event of bankruptcy.
The bankruptcy process involves several steps. A reorganization plan committee, made up of creditors and stockholders, is appointed. These committees negotiate with the company to determine how much debt relief is available. The bankruptcy plan must be approved by all creditors, and the plan must address the concerns of stockholders. It must also be approved by the court to ensure that it is fair to all parties.
If the corporation is profitable, it may be able to continue operating while protecting itself from its creditors. If the business is not financially viable, a proposal is usually the most viable option. The proposal offers creditors a portion of their debt, and a longer period of time for repayment. If the creditors are happy with this arrangement, they may accept the proposal.
During a corporate bankruptcy, it is best to retain a bankruptcy attorney. They have experience representing creditors of corporate bankruptcy. They know that shareholders are not legally bound to repay corporate debt. As a result, bankruptcy attorneys will work closely with shareholders to ensure that all creditors are compensated. If the business is not able to pay its creditors, a bankruptcy trustee may sue them. This is a risky situation for the creditors.
A corporation may opt for Chapter 7 or Chapter 11. In Chapter 7, the company is dissolved and its property is sold by the trustee. The Chapter 11 case is much more complex, but it can help the company continue operations. Depending on the assets and debt, the bankruptcy trustee can either keep the property or give it to the creditors.
A company in bankruptcy will notify its bondholders. If the creditors are paid in full, the company will inform them and give them the opportunity to file claims. In the event that the company fails to reorganize, you may not receive the full value of your investment. You should also expect to receive a notice of court confirmation of the plan.
A company in financial trouble may choose to liquidate its assets to make ends meet. The trustee will sell the company’s assets for cash and pay off administrative and legal costs. The rest of the money will be divided among the creditors. Secured creditors will receive their collateral back, while unsecured creditors will receive a share of the proceeds. Unsecured creditors are grouped with bondholders. If you are a bondholder and expect payment, you should file a claim.
