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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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19:42
it was hard to not improve it. google search was terrible due to the ads and seo cheaters with buzz words and alt text
Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
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