Using Liquidation To Save Assets

Article Written By: fair01

A company is made up of many parts and its worth is as such very hard to calculate. Many systems will try and value a company by its profit and this is often used in business valuation when a company changes hands. However this area misses out on one of the most important parts of any business, at least in terms of funds – that being its assets. A company's assets are the items of great value that could be sold potentially at a profit or at least to recoup most of their value.

This includes things like properties in particular, but could also include things such as vehicles or even domain names if they are worth a lot of money. A company needs to be aware of the value of its assets if it is to be successful, and should try and protect them when things start going awry. A company might not be turning much profit over any more, but that does not mean that it has no valuable assets.

Liquidation is the process that a company can use to bring itself to an end and in which the assets and properties are normally redistributed. This can also be referred to as winding up or dissolution of the company (though this is the term that technically refers to the last stage in liquidation). This liquidation is in some cases compulsory where by the company has to by law or by petition to liquidate. This could be because the company is public, or because it has not commenced business in too long a duration, or because it owes large amounts of debt.

In voluntary liquidation however the members of the company might decide together to wind up their affairs and dissolve. If a company owes a lot of money then they might decide to liquidate their own company before they are forced to by their creditors. A company that is owed money by your own for instance might force you to dissolve so that you sell off your assets and employees and so that you can then afford to pay them their dues.

Alternatively they might dissolve your company in order to take assets and thus pay off your debts that way.

However by dissolving your company first, you can this way have more say over the redistribution of your assets and can decide on how you pay back the debts. You might even find that you are exempt from paying back certain debts if you file for bankruptcy.

To protect your assets in bankruptcy you should list your assets and liabilities as soon as possible on the appropriate schedule. Then check the exemption limits in your state to find out what you can and can't file as exempt – you will need the help of a lawyer to make certain of the laws in this area and to stand the best chance of success.

From here you should then mark any property that you with to protect as exempt from your bankruptcy estate – again you will need help from your lawyers to achieve this. Over the next 30 days you may get challenges from creditors, which you should respond to using your lawyer.

About the Author

If your business is struggling and you think you may need liquidation help then my advice is to speak to someone sooner than later. There will be more insolvency services available to you if you take a proactive approach.

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This Article Has Been Published on Fri, 11 Feb 2011 and Read 367 Times

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