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Simple English definitions for legal terms

assignment for benefit of creditors

Read a random definition: state paper

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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babycat
13:22
we have one local rep who didn’t get reelected bc she went on a podcast and said some crazy shit about jewish people
insane
13:22
@HopefullyInLawSchool: that is so unfair its insane that people have to go through that
theres a student that is literally having a baby and the admin denied her request for a test extension, and told her to come in the day after she gave birth to take the exam w her baby
come in the DAY AFTER SHE GIVES BIRTH
W HER BABY
13:23
saw that, crazy that she cant just hold the fucker in for a day longer
LMFAO
babycat
13:23
gulc going to hell I’m so serious
glovediedthisishismom
13:24
thats definetly horsey on an alt
glovediedthisishismom
13:24
no way any professor did that
13:25
thrifted a vintage burberry suit today and feeling unstoppable
Dkk
13:26
Nice
glovediedthisishismom
13:26
im in the field like a defensive lineman im always in saks 💯
1a2b3c4d26z
13:26
That's awesome
1a2b3c4d26z
13:26
real ones shop at bergdorf
13:28
real ones shop at YMH
triplethread
13:28
i missed another fordham wave
triplethread
13:28
mamas getting denied
JumpySubsequentDolphin
13:29
the bergdorf on 5th Ave in NYC is so
JumpySubsequentDolphin
13:29
it feels like home
Dkk
13:29
I'm at your mommas house rn: https://x.com/Mansavelli_/status/1648073454665572352
triplethread
13:29
im addicted to reacting to all of the decisions
triplethread
13:29
with the emojis
HopefullyInLawSchool
13:29
I shop at Joe
HopefullyInLawSchool
13:29
Joe's
glovediedthisishismom
13:30
i shop at tawget
glovediedthisishismom
13:30
im dawk gawthic maga
triplethread
13:30
i shop at giant eagle
ForDizzyDJoy
13:31
How did i miss Fordham and American’s wave and I applied in september 🙃
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