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As part of the liquidation the Trustee pays off all encumbrances against the assets — , mortgages against real property — pays the cost of selling the assets, takes the statutory cut found in 11 U. Here is the analysis the Trustee will do: Although the debtor provides an estimated value in the bankruptcy papers, this estimate does not bind the Trustee — even if the estimate was a professional appraisal of the property. Therefore, I won’t discuss that topic here; other than to say that in a personal Chapter 7 bankruptcy the debtor keeps the exempt assets, while the Chapter 7 Trustee seizes and liquidates the nonexempt assets for the benefit of creditors.Liquidation may either be compulsory (sometimes referred to as a creditors' liquidation) or voluntary (sometimes referred to as a shareholders' liquidation, although some voluntary liquidations are controlled by the creditors, see below).In addition, the term "liquidation" is sometimes used when a company wants to divest itself of some of its assets. I am pleased to report that although the title of Chapter 7 in the Bankruptcy Code is “Liquidation,” no individual debtors are liquidated in a Chapter 7 bankruptcy.The only way to really determine the value of the asset is to put it on the market because an asset is only worth what the market will pay for it.

The process of liquidation also arises when customs, an authority or agency in a country responsible for collecting and safeguarding customs duties, determines the final computation or ascertainment of the duties or drawback accruing on an entry.

Liquidating assets should be a last resort in most cases, because liquidation creates a taxable event.

In United Kingdom and United States law and business, liquidation is the process by which a company (or part of a company) is brought to an end, and the assets and property of the company are redistributed.

Of course, a professional appraisal may dissuade the Trustee from taking further action because the appraisal may indicate the futility of selling the asset due to the required payout discussed below., the liens total more than the sale price — the Trustee will abandon it, with one possible exception.

If the Trustee can convince a creditor whose lien is secured by the asset to accept less than full payment, thus leaving money left over to pay the unsecured creditors, the Trustee will proceed with the sale.




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