Bankruptcy - When Resources Run Dry

Released on: January 27, 2008, 2:26 am

Press Release Author: barbara camie

Industry: Financial

Press Release Summary: Sustainability is one of the basic driving goals established
companies has to work on.

Press Release Body: However, the situation that is dreaded by most company is when
it finds itself losing more money than gaining it. Coping from this problem is a big
task for all top managers in a company. But, thanks to bankruptcy law, many
companies can push this escape button to bale the company from increasing debt.
Bankruptcy laws are established to enable companies run and at the same time to save
creditors from the debt incurred by the failing companies.

Years before the modern time, different civilization treat debtors in a variety of
ways. The Greeks forced debtors into slavery and servitude depending on the gravity
of debt. A debt will be paid in a period of servitude. However, there were instances
when debtors will be handover to another lords in case that the old lord is the
debtor of the new lord. In this case, the new lord is harsher than the former
master which would not even grant the freedom agreed by the former. While being a
debtor is a humiliating circumstance in ancient Greeks, the Jews has better practice
to their debtors. Every 50 years, the Jews observed Jubilee wherein all debtors
will be freed from their debts. In modern time, laws are made to save companies from
the state of debt. Closure of some companies has greater impact in economy
especially in terms of employment generation and at the same time would greatly
affect the creditors of their lost resources. To save from further economic
damages, bankruptcy laws are introduced.

Bankruptcy laws can save an individual or a corporation from total debt burdens.
There are two types of bankruptcy, the liquidation and the rehabilitation. In
liquidation, a debtor will allow all properties (except those which are personal
necessities) to be taken by a trustee, an entity entrusted to custody the taken
properties, until the properties will be sold with the proceeds paid to the
creditors. In this type of bankruptcy, a company may stop from its existence. On
the other hand, the rehabilitation type of bankruptcy is the type that which gave
the debtor a time to restructure itself allowing him to repay the debt through
restructured scheme. These cushions from a potential economic impact by allowing
companies with large debt from recuperating and thus industry can still exist while
on the state of debt.

While bankruptcy bales out companies from further ruin, it is also used as an escape
goat from shrewd debtors. Debtors who wanted to seek refuge through bankruptcy laws
can engage into fraud acts. Fraud acts can includes the concealing of accounting
records in the company. When the time this debtor will file the Liquidation
bankruptcy, creditors will be cheated when there is few to gain from selling the
declared properties. Government are finding ways to curb this fraud act by
compelling debtors to show their accurate books and letting debtors undergo
counseling and consultation before filing bankruptcy.

Bankruptcy laws are promulgated to curb any potential threat to economy. However,
with the existence of fraud, it is one of the major challenges for these laws to
combat it. Like a double edge sword, it can be beneficial to companies seeking
rehabilitation but it can also be abused by shrewd debtors.

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