Edit: Thanks for the responses everyone. I'll do a bit more reading on chapter 7 vs chapter 11, very interesting stuff.
Edit: Thanks for the responses everyone. I'll do a bit more reading on chapter 7 vs chapter 11, very interesting stuff.
Some companies get into trouble with debt, are victims of economic winds or otherwise get into trouble. But the business is fundamentally still viable. So the company declares chapter 11 bankruptcy, is able to break out of unsustainable contracts, and the suppliers take a haircut.
Other companies are just done. So they declare chapter 7 bankruptcy, sell off anything of value, and pay out creditors based on the judge/bankruptcy trustees order.
It all comes down the the judge saying "hey banks, you will never get your money paid back, what option to get some of it back do you want us to take. Options are the company doesn't pay for a few months while they make some changes, and then continue paying off their loans, or the company is sold and the bank gets the proceeds of the sale - one common variation of the latter is the bank gets ownership of the company to run as they see fit. Again, the bank gets first say, though the company will make proposals, and the judge will force things.
Of course in the real world it isn't one bank, it is hundreds of banks and bond holders each who want their say, and there are contracts saying what say each party has. The judge is just there it get all of them into court and come up with an agreement that as many can accept as possible. Sometimes that means the judge says to one bank you want X, but everyone else wants Y so you lose. Bankruptcy is common enough that judges (and any bank) understands how to deal with it and the rules are common.
If there is actually a viable business there, it makes sense to wipe out the shareholders, extinguish the debt, and make the former bondholders the new shareholders.
If there is no viable business even with the debt, then liquidation is the right path.
(I'm not a finance professional, just another person on the internet with an opinion.)
https://www.npr.org/sections/money/2015/09/05/437628996/epis...
There are maybe more subtle areas of economics for which I don't fully agree with it's model of the world, but I still think it's a pretty good podcast for starting econ.
suppose sears goes bankrupt and the bank wants to sell off the assets of the company to recoup some of its loss. The name "sears" has a value and is something that can be sold.
nope. only thing bankruptcy guarantees is that creditors are prevented from getting your assets and have to negotiate to see if there is anything they can get
forces people to the table all at once to see what kind of possibilities there are