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Simple English definitions for legal terms

assignment for benefit of creditors

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A quick definition of assignment for benefit of creditors:

An Assignment for the Benefit of Creditors (ABC) is a way for a business that cannot pay its debts to transfer all of its assets to a trustee who will sell them to pay off the creditors. If there is any money left over, it will go back to the business. This is a voluntary alternative to bankruptcy that can be faster and less public. It also allows the business to choose the trustee and can protect a company that wants to buy assets from a struggling business from being responsible for its debts. However, the rules for ABC vary by state and may require shareholder approval.

A more thorough explanation:

Definition: An Assignment for the Benefit of Creditors (ABC) is a voluntary process that a business can choose instead of filing for bankruptcy. In an ABC, the business transfers all of its assets to a trustee who will manage the assets to pay off debts to creditors. If there are any assets left over, they will be transferred back to the business.

ABC can be beneficial for a struggling business because:

  • The business can choose the trustee overseeing the process who might know the specifics of the business better than an appointed trustee.
  • It avoids judicial oversight, which can make the process faster and less restrictive.
  • It often avoids negative publicity that bankruptcy generates.
  • It can help a company trying to purchase assets of a struggling company avoid liability to unsecured creditors of the failing company.

For example, if a small business is struggling to pay its debts, it may choose to do an ABC instead of filing for bankruptcy. The business would transfer all of its assets to a trustee who would then sell the assets to pay off the business's debts. If there are any assets left over, they would be returned to the business.

ABC is becoming more popular, but it varies based on the state. In California, ABC is overseen by common law, while many other states use stricter statutory ABC structures, such as Florida. Depending on the state's corporate law and the company's charter, the struggling business may be forced to get shareholder approval to use ABC, which can be difficult in large corporations.

assignment | assisted suicide

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no no it's not. But I wouldn't clerk conservative, so idk about Chi #s for myself
cumsock
15:42
Penn
texaslawhopefully
15:42
I guess that's fair. From what I've heard UChicago for conservatives is on par w/ HYS for clerkships
texaslawhopefully
15:42
not sure about for liberals
cumsock
15:43
They’re very similar tho
cumsock
15:43
Both t6 ivies
Is that NYU disrespect???? NYU out the t-6?
15:44
Penn because my college friends who mentored me go there
lilypadfrog
15:45
NYU is a t6 unless they don’t accept me and then idgaf what they’re ranked
texaslawhopefully
15:46
That's the best mentality
texaslawhopefully
15:46
If I get into UChicago it will be CYS
lilypadfrog
15:48
waspy I’m sure he meant to clarify that CYS is Cornell Yale Stanford
yeah just making sure
I look really good in blue tho
obviously cornell is t3
cumsock
15:49
someone from my undergrad is going to columbia for a masters in social work and the way they are talking to me im pretty sure they think thats as hard to get accepted to as columbia law
every prof at cornell glazes it so hard
GreyCeaselessMammoth
15:50
i know so many heads going to various schools for random masters degrees and its like babe its not the sameeee
cumsock
15:50
"The acceptance rate for the Master of Science in Social Work (MSW) program at Columbia University is 74%" does he know?
15:50
@cumsock: some battles are won by avoiding fighting them
cumsock
15:51
im not i just wish normies knew its not the same
Trismegistus
15:51
i need chicago so badly
15:51
for suresies
lilypadfrog
15:52
llama do you think we’re besties? I kinda think we’re besties
JumpySubsequentDolphin
15:52
@GreyCeaselessMammoth: PLS I know a girl who got a master’s at Columbia for some random niche thing and she told EVERYBODY SHES GOING TO COLUMBIA LAW SCHOOL
GreyCeaselessMammoth
15:52
WHAT???
15:53
@JumpySubsequentDolphin: I can respect the hustle.
GreyCeaselessMammoth
15:53
penn r
GreyCeaselessMammoth
15:53
called it
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