4 The debtor corporation in a bankruptcy case has the following duties: 1 to file a list of creditors, a schedule of assets and liabilities, and a statement of the debtor’s financial aff
Trang 1CORPORATE LIQUIDATIONS and REORGANIZATIONS
Answers to Questions
1 Equity insolvency occurs when a debtor is unable to pay its debts as they come due Bankruptcy
insolvency occurs when a debtor’s liabilities exceed the fair value of all assets.
2 A bankruptcy proceeding is designated voluntary if the debtor corporation files the petition to place
itself under the protection of the bankruptcy court and involuntary if creditors file the petition to bring
the debtor into bankruptcy court An involuntary petition may be filed by a single creditor with an unsecured claim of $12,300 or more if there are fewer than twelve unsecured creditors Otherwise, three
or more entities with unsecured claims totaling at least $12,300 must file in order to commence an involuntary case The requirements are the same for Chapter 7 and Chapter 11 cases
3 The duties of the U.S trustee are to maintain and supervise a panel of private trustees eligible to serve in
Chapter 7 cases, to serve as trustee or interim trustee in some bankruptcy cases, to supervise the administration of bankruptcy cases, and to preside over creditor meetings Bankruptcy judges still supervise cases in districts without U.S trustees
4 The debtor corporation in a bankruptcy case has the following duties: (1) to file a list of creditors, a
schedule of assets and liabilities, and a statement of the debtor’s financial affairs; (2) to cooperate with the trustee so that the trustee may perform his duties; (3) To surrender all property, including books, documents, records, and so on, to the trustee; and (4) to appear at hearings of the bankruptcy court as required
5 A trustee is not appointed in all Title 11 cases In Chapter 7 cases a trustee will be elected by unsecured
creditors if a majority vote in amount of holders with at least 20 percent of the claims is obtained Otherwise, an appointed interim trustee serves as trustee In Chapter 11 cases a trustee is appointed only
if deemed necessary by the court, but otherwise, the debtor remains in possession of the estate and performs the duties of a trustee Within 30 days from the time the court orders the appointment of a trustee in a Chapter 11 case, a party in interest may request the election of a trustee
Trang 26 The trustee in a liquidation case takes possession of the debtor’s estate, converts estate assets into cash,
and distributes the proceeds as directed by the court He also performs other duties such as investigating the financial affairs of the debtor, providing information about the estate to parties of interest, examining creditor claims and objecting to those that appear improper, operating the debtor’s business if authorized
to do so by the court, providing financial reports and summaries about the estate to the court, and filing reports on trusteeship as directed by the court
7 The priority rankings in a Chapter 7 liquidation case are summarized in Exhibit 17–2 of the text The
priorities recognized for unsecured claims (Rank II) are: (1) administrative expenses, (2) claims incurred between an involuntary filing and appointment of a trustee, (3) salary claims up to $10,000 per individual earned within 90 days of filing, (4) employee benefit plan contribution claims up to $10,000 per individual earned within 180 days of filing, (5) individual claims up to $1,800 for goods and services purchased from, but not provided by the debtor, and (6) claims of governmental units for taxes owed by the debtor (subject to time restrictions), including taxes collected and withheld for which the debtor is liable
8 Four ranks within the unsecured nonpriority claim category (general unsecured claims) are: (1) claims
allowed that were timely filed, (2) claims allowed where proof was filed late, (3) claims allowed for fines, penalties or forfeitures, or damages, and arising before the court order for relief or appointment of
a trustee, and (4) claims for interest on unsecured claims
9 The accountant’s statement of affairs is a financial statement that is designed to provide information
about liquidation values and priority rankings for use by the trustee, the court, creditors, and other interested parties in the debtor’s estate Assets are measured at expected net realizable values in the statement, but book values are also included for reference purposes (The Bankruptcy Act refers to a statement of affairs, but that statement is a questionnaire that includes various financial and nonfinancial and legal section
10 A debtor corporation’s estate may be liquidated even though the filing is under Chapter 11 This can
occur when the case is transferred to Chapter 7 for liquidation It can also be carried out in accordance with an approved Chapter 11 plan of reorganization that calls for sale and distribution of the proceeds from the debtor corporation’s estate
11 A debtor in possession reorganization case is a Chapter 11 case in which the bankruptcy court does not
appoint a trustee, but instead, allows the debtor corporation to carry out the duties that otherwise would
be performed by a trustee
12 A creditor committee can file a plan of reorganization under a Chapter 11 case after 120 days from the
date the court order for relief is granted The order for relief occurs when the debtor or creditor’s filing petition is approved by the court
13 The approval of a plan of reorganization requires acceptance of the plan by at least two-thirds in amount
and over half in number of claims in each class of claims Further, each class of claims must accept the plan or not be impaired under it A class of claims that would receive nothing if the corporation were liquidated is not impaired if it receives nothing under a plan and, accordingly, acceptance by that class of claims is not required
Trang 314 Prepetition liabilities are the liabilities of an enterprise that were incurred prior to a Chapter 11 filing.
They are reported at the amounts allowed by the bankruptcy court Prepetition liabilities subject to compromise are those liabilities that may be impaired by a plan and that are eligible for compromise
because they are either unsecured or undersecured
15 Reorganization value is an estimate of the value of the reconstituted entity that will emerge from
reorganization, plus the expected net realizable value of the assets that will be disposed of before reconstitution occurs It is also described as the fair value of the entity before considering liabilities Reorganization value approximates the amount a willing buyer would pay for the assets of the entity immediately after the restructuring
16 Fresh start reporting should be used by a company emerging from Chapter 11 if the following two
conditions are met: (1) the reorganization value of the assets of the emerging entity immediately before the date of confirmation is less than the total of all postpetition liabilities and allowed claims and (2) holders of existing voting shares immediately before confirmation receive less than 50 percent of the voting shares of the emerging entity
17 Entities not qualifying for fresh start reporting report liabilities compromised by a confirmed
reorganization plan in a manner similar to that of a note issued in a noncash transaction under APB Opinion No 21 Forgiveness of debt should be reported as an extraordinary item.
Trang 4SOLUTIONS TO EXERCISES
Solution E17-3
Amount secured by inventory items at expected recoverable value (30,000) Unsecured portion of note receivable from Patriots Supply 70,000
Solution E17-4
1 On the basis of the reorganization value, Baxter Hardware qualifies for
fresh start reporting because the estimated reorganization value of
$2,000,000 is less than the postpetition liabilities and allowed claims
Liabilities:
2 Old stockholders must retain less than a 50% interest in the “new
entity.”
1,850,000 Reorganized capital structure:
Trang 5New common stock to prepetition claimants 375,000 2,775,000
Solution E17-5
50,000
Unsecured, nonpriority claims:
$40,000 available cash/$80,000 claims = $.50 on the dollar
Schedule of Distribution of Available Cash
Trang 6SOLUTIONS TO PROBLEMS
Solution P17-1
March 1, 2008
To record custody of Scott Corporation in liquidation
March 2008
To record collection of receivables and recognize loss
To record sale of inventories at a loss
To record sale of land and buildings at a loss
To write off intangible assets at a loss
Administrative expenses
To accrue trustee expenses
Trang 7Solution P17-1 (continued)
Balance Sheet
at March 31, 2008
Assets
Liabilities And Deficit
Statement of Cash Receipts and Disbursements
from March 1 to March 31, 2008
Add: Cash receipts
120,600
Statement of Changes in Estate Equity from March 1 to March 31, 2008
Less:
Trang 8Solution P17-1 (continued)
April 2008
To record payment of secured creditors from proceeds from sale of land and buildings
To record payment of priority liabilities
To record payment of $.32 per dollar to unsecured creditors (available cash of $28,400 divided by unsecured claims of
$90,000)
To write off remaining liabilities and close trustee’s records
Trang 9Solution P17-2
1 Amount expected to be available for unsecured claims:
Total amount expected to be available for all
Less: Payments to secured and priority claims
Expected to be available for unsecured
2 Expected recovery per dollar of unsecured claims:
Expected to be available (from 1) = $70,000
Unsecured claims ($550,000 - $375,000) = $175,000
Expected recovery on the dollar: $70,000/$175,000 = $.40
3 Expected recovery by class of creditors:
Partially secured — note payable $75,000 + ($25,000 ´ $.40) 85,000 Priority unsecured — liabilities to priority creditors 80,000 Unsecured nonpriority creditors — accounts
Trang 10Solution P17-3
Fully secured:
Holders of first mortgage and related
Unsecured priority:
3 Wages payable up to $4,000 per
employee
47,000
5 Customer claims for merchandise paid
for and not delivered (maximum
$1,800 per individual)
1,500
6 State government for gross
Local government for property
Unsecured nonpriority:
Local bank for principal of loan 30,000 President for salary due over $4,000 1,000 130,000
$431,000 Total all claims
2 Distribution of available cash:
4th Customers for merchandise not delivered
[Remaining cash ($374,500 - $296,500) of $78,000/$130,000 claim of next rank = $.60 return on dollar]
6th Merchandise creditors ($99,000 ´ 60) $59,400
Local bank for loan principal
Trang 11Solution P17-4
Statement of Affairs
on June 30, 2008
Assets
Realizable Values-Liability Offsets
Realizable Value Available for
Pledged for partially secured creditors
Less: Mortgage note payable
Available for priority and unsecured creditors
Total available for priority and unsecured
Liabilities And Stockholders’ Equity
Priority liabilities
$12,000 Wages payable (assumed under
Partially secured creditors
31,000 Note payable and accrued
Less: Equipment pledged
Unsecured creditors
Trang 13Solution P17-4 (continued)
2 Estimated payments per dollar for unsecured creditors
Distribution to partially secured and unsecured
priority creditors:
Available to unsecured nonpriority
A/B = $22,200/$37,000 = $.60 per dollar
Expected recovery for each class of claims
Partially secured
Note payable and interest
Unsecured portion ($3,000 ´ $.60) 1,800 $29,800
Unsecured priority
Unsecured nonpriority
Trang 14Solution P17-5
Statement of Affairs at July 10, 2008
Assets
Realizable Realizable
Fully secured
Partially secured
Less: Mortgage and interest
Unsecured
Available for priority and
Available for nonpriority
Equities
Secured and
Priority liabilities
150,000
Fully secured
Less: Accounts receivable — net 160,000
60,000
Partially secured
Less: Land and buildings — net 140,000
Unsecured
(205,000) Retained earnings deficit
Trang 15Solution P17-5 (continued)
Priority claims
Fully secured claims
Partially secured claims
39,000
Unsecured
Calculation of recovery for unsecured nonpriority claims
Less: Paid to partially secured creditors – secured portion (140,000)
Unsecured claims:
A ¸ B = $249,000/$415,000 = $.60 recovery on the dollar
Trang 16Solution P17-6
Statement of Affairs on June 30, 2008
Assets
Realizable
Offsets for Available for
Pledged for fully secured creditors
Less: Mortgage payable
Available for priority and unsecured creditors
Total available for priority and unsecured
Liabilities and Stockholders’ Equity
Secured and Unsecured
Priority liabilities
70,000
Fully secured creditors
165,000
Unsecured creditors
Stockholders’ equity
(100,000) Retained earnings (deficit)
2 Settlement per dollar of rank 1 unsecured creditors is $.6250 ($100,000
available for unsecured/$160,000 accounts and notes payable) No payment
is made for the $5,000 unsecured interest claim
Trang 18Solution P17-7
1 The reorganization is eligible for fresh start accounting because the
liabilities on June 30, 2008 of $16,500 exceed the reorganization value
of $16,000 by $500 Also, the common stock of the new entity is
allocated $5,000 to prepetition creditors and $2,000 to Lowstep’s old stockholders, so that the old stockholders have less than a 50 percent interest in the new entity
2 Entries to adjust Lowstep’s accounts for the reorganization plan:
To adjust prepetition liabilities to conform with the plan
To adjust assets to their fair values
To record exchange of common stock
Reorganization value in excess of fair value 1,000
Loss on asset adjustments to fair
To eliminate deficit and record adoption of fresh start reporting
Trang 19Solution P17-7 (continued)
Final Balance Sheet
as of July 8, 2008
Assets
Liabilities and Stockholders’ Equity
Note: The final balance sheet of Lowstep Corporation will be the same as the beginning balance sheet of Highstep Corporation