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Encyclopedia > Insolvent

The term Insolvency describes a financial condition experienced by a person or business entity when his (or its) assets no longer exceed his liabilities or when the person or entity can no longer meet its debt obligations when they come due. It is often used interchangeably, and incorrectly, with the term bankrupt. In business and accounting an asset is anything owned, whether in possession or by right to take possession, by a person or a group acting together, e. ... In the most general sense, a liability is anything that is a hinderance, or puts one at a disadvantage. ... Debt is that which is owed. ...


"Insolvency" is however a legal term of art, where bankruptcy is a legal finding. A similar distinction can be made between "homicide", the killing of a person, and "murder", a legal finding that a homicide was a crime. A state of insolvency generally leads to a legal finding of bankruptcy. However, because putting a person or entity into bankruptcy requires the payment of court fees, an insolvent person or entity may be insolvent and not legally bankrupt. Bankruptcy - Wikipedia /**/ @import /skins/monobook/IE50Fixes. ... Homicide is the killing of another human being by one or more others. ...


In most jurisdictions, it is an offence under the bankruptcy laws for a corporation to continue in business once it is insolvent. It is also usually an offence to continue to pay some creditors in preference to other creditors once a state of insolvency is reached. When determining whether a gift or a payment to a creditor is an unlawful preference, the date of the insolvency, rather than the date of the bankruptcy, may usually the primary consideration; however in the UK, both are relevant. For example, if a corporation pays a large bonus to its management several months before it actually files for bankruptcy protection, the court will not look at the date of the bankruptcy filing, but at the date where the corporation's debts exceeded its liabilities in determining whether the creditors of the corporation can sue for the return of the bonuses. In law, an offense is a violation of the penal law. ... A corporation is a legal entity (distinct from a natural person) that often has similar rights in law to those of a Civil law systems may refer to corporations as moral persons; they may also go by the name AS (anonymous society) or something similar, depending on language (see below). ... A creditor is a party (e. ... Management (from Old French ménagement the art of conducting, directing, from Latin manu agere to lead by the hand) characterises the process of leading and directing all or part of an organization, often a business, through the deployment and manipulation of resources (human, financial, material, intellectual or intangible). ...


Although the terms bankrupt and insolvent are often used in reference to governments or government obligations, a government cannot be insolvent in the normal sense of the word. Generally, a government's debt is not secured by the assets of the government, but by its ability to levy taxes. By the standard definition, all goverments would be in a state of insolvency unless they had assets equal to the debt they owed. If, for any reason, a goverment cannot meet its interest obligation, it is technically not insolvent but is "in default". As goverments are sovereign entities, persons who hold debt of the goverment cannot seize the assets of the goverment to re-pay the debt. However, in most cases, debt in default is refinanced by further borrowing or monetized by issuing more currency. A tax is an involuntary fee paid by individuals or businesses to a government. ...


  Results from FactBites:
 
Insolvent Carriers (718 words)
Many of the insolvent insurers are in court-approved "schemes of arrangement" that pay a dividend of up to 25%, with additional payments in subsequent years.
In contrast to the insolvent carriers, the solvent but non-participating insurers have adequate funds to pay claims and therefore, the likelihood of recovering a solvent insurer's full share of the total settlement is high.
Because DRM is familiar with the insolvent recovery processes, the policyholder's claim is smoothly guided through the process without the need for significant time and effort on the part of the insured.
Rehabilitation of an insolvent (511 words)
If an insolvent wants to be considered not insolvent any more within ten years of having been declared insolvent, he or she can apply for rehabilitation.
if the insolvent has made an offer of composition that was accepted by three quarters of his or her creditors in number and value, and the insolvent has either made payment or given security.
the insolvent shall be considered rehabilited – unless, within ten years of the court having declared someone insolvent, an interested person applies to the court not to rehabilitate the insolvent, and this application is granted.
  More results at FactBites »


 

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