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Chapters 7 versus 13 bankruptcies
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In this dissertation, we focus on a certain chosen topic of bankruptcy, including the causes of being state of insolvency of the business, effects and formation, and some discussion regarding to the law that had implemented here in our country.
Bankruptcy is define as the state of completely lacking in a particular quality value. Being bankrupt is a very serious matter. A person must hand over their estate, including their home to their trustee. If they were unable or unwilling to pay, they may declare bankruptcy. You will be force to risk anything that you own on your business to dissolve all your debts and your losses in your company.
It’s the legal status for an individual or company unable to pay off outstanding debt. It is a status that can only be granted by a state or federal court. Bankruptcy will negatively affect your credit and future ability to use money. It may prevent or delay foreclosure on a home and repossession of a car. It can also stop wage garnishment and other legal actions of creditors attempting to collect debts.
We conducted several studies trough the use of books and Accounting journals referring to the causes and formation of this crisis. There many aspects that had been consider why a business leads into bankruptcy. Base from we had searched there are some companies that are voluntarily declaring that the business has been bankrupt for some reasons. One of the reasons why a business declares bankruptcy is the low demand of sale and revenue.
There are many factors why a certain business or company leads into bankruptcy. Some of the causes is that the expenses are higher than the capital of company. Capital is one of the most important concepts in banking. Capital is the amount of cash and othe...
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Schamotta, Justin, “ Philippine Laws on Bankruptcy”. Rertrieved from http://www.ehow.com/list_6635219_philippine-laws-bankruptcy.htm.
Bulkat, Baran, “Which Type of Bankruptcy Should You File? Chapter 7 vs. 13”. Retrieved from www.alllaw.com/articles/nolo/bankruptcy/which-type-chapter-7-chapter-13.html.
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The credit crisis is referred to as economic downturn by credit squeeze, provision of doubtful debt and bankruptcies among others. (IMF, 1998) Credit crisis is known as a credit crunch, it is an extension of recession. According to the Ocaya (2012), Credit crisis is a sudden shortage of loan and tightened the requirement of economy and society needs of getting loan from financial institutions. In such situation, lender started keeps the cash and stop lending money because they are worry about a large of debtor bankrupt and mortgage defaults. Lender had adjusted the interest rate of borrowing to unaffordable rate. Credit crisis decrease the total demand and fall in supply, therefore, it constrains the growth of the economy. The credit crisis is begun in the early 2006 when several events relating the financial system went wrong in the United States of America. The factors leads to credit crises are complex with varying weight.
Madura, Jeff. What Every Investor Needs to Know About Accounting Fraud. New York: McGraw-Hill, 2004. 1-156
Lehman was very highly leveraged and was taking no steps to get borrowing under control. After delivered of Freddie Mac and Fannie Mae on September 7th and Lehman announced a large third quarter loss three days later the bank began to have pronounced liquidity problems. But the Lehman had failed to take any decisions. Some New York bank also asked to firm that was there any reasonable plan to control the financial crisis but there was no plan. Then the government had declared that no public money would flow to Lehman bros. Lehman Brothers Holdings, Inc. filed for bankruptcy.
Himmelstein, David U., M.D., et al. "Medical Bankruptcy in the United States, 2007: Results of a National Study." The American Journal of Medicine 122.8 (2009): 741. ProQuest. Web.1 Dec. 2013.
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There is an enormous prospect for the Pkolino Company to start a business. The current task has adequate resources and a great plan to keep it operational. Nevertheless, dangers that might plunge Pkolino Company into financial disaster are also present. This is due to the fact that there are always a couple of things that tend to advance in an unanticipated direction even in a well- planned plan. For instance, P’kolino Company’s financial statements do not have provisions for the worst, average, and best scenarios.
Thesis: Businesses deem financing necessary when they are just beginning, expanding, or recovering; Debt financing and equity financing have many advantages and disadvantages but also change the entire accounting method that is to be considered while running the business. Debt financing has both advantages and disadvantages. Debt financing is a business’ way to start up, expand, or recover by borrowing money from a person or company. The money borrowed has to be paid back along with the interest that was accrued during the length of time the loan was carried out. This option is great for company’s that do not want investors.
Chapter 7 bankruptcy can wipe out most of ones debts but certainly not all of them. Certain kinds of debt are not covered by the terms of Chapter 7. Some examples of debts that must be paid after filing for bankruptcy would include child support, alimony, income taxes and penalties, student loans, and court ordered damages due to unfair and unrightous acts. Bankruptcy courts handle your financial problems until the case ends. A court assumes control of all ones debts that are owed and all property that is not exempted. A person, trustee, is appointed to be in charge of your debt. The trustee collects property that can be taken and sells it to repay some creditors. That property can be surrendered to the trustee, one may pay the market value of it or one also may choose to trade exempt property with nonexempt property. A small number of people actually lose property when filing bankruptcy. If a person changes their mind about filing for bankruptcy they may ask the court to dismiss the case. At the end of the process the court would discharge most of the debts and one is unable to file for Chapter 7 bankruptcy again for at least another six years.
Giroux, G. (Winter 2008). What went wrong? Accounting fraud and lessons from the recent scandals. Social Research, 75, 4. p.1205 (34). Retrieved June 16, 2011, from Academic OneFile via Gale:
Among the study’s findings were that the deciding factor of the predictor of bankruptcy should not be only a few ratios, as the measure of a company’s financial solvency may differ as the firm’s situations differ. The important question is to which ratios are to be used and of those ratios chosen, which ratios are given priority weight.
A person who is unable or unwilling to pay his or her debts may declare bankruptcy. The state of being solvent means that one has the ability to pay his or her debts. However, insolvency means that a person cannot pay his or her debts. In order to declare bankruptcy, a person must file a petition for bankruptcy in a bankruptcy court. A voluntary bankruptcy proceeding is started by the person who is declaring bankruptcy, whereas an involuntary bankruptcy proceeding is started by the creditors of the bankrupt person.
ABSTRACT: The quantity of accounting fraud cases keeps on rising. Fraud is a consistent thing that will reliably be around, and in a bigger number of routes than just a single. An extensive apportionment of organizations out there fighting fraud, either from within the organization, or from outside the organization. Knowing how to manage this is essential for an organization to be productive over an extended period of time. The investigation regarding the matter of accounting fraud will utilize sources from the web and the DeVry School Library.
The capital structure of a firm is the way in which it decides to finance its operations from various funds, comprising debt, such as bonds and outstanding loans, and equity, including stock and retained earnings. In the long term, firms seek to find the optimal debt-equity ratio. This essay will explore the advantages and disadvantages of different capital structure mixes, and consider whether this has any relevance to firm value in theory and in reality.