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{"id":3134,"date":"2014-02-01T22:21:37","date_gmt":"2014-02-01T22:21:37","guid":{"rendered":"https:\/\/businessecon.org\/?p=3134"},"modified":"2023-08-09T20:46:30","modified_gmt":"2023-08-09T20:46:30","slug":"insolvency-and-bankruptcy-know-the-difference","status":"publish","type":"post","link":"https:\/\/valueinvestingnow.com\/2014\/02\/insolvency-and-bankruptcy-know-the-difference","title":{"rendered":"Insolvency and Bankruptcy \u2013 Know the Difference"},"content":{"rendered":"

Insolvency and Bankruptcy \u2013 Know the Difference<\/strong><\/span><\/h1>\n

Every business owner needs to know the difference between insolvency and bankruptcy. Often these two terms are misunderstood and improperly used in conversation. You need to know their correct meaning because both are used in civil law and both have different issues to address during the process. In addition, understanding these two terms builds a better comprehensive understanding of financing<\/span><\/strong><\/a> your business.<\/span><\/p>\n

To gain an understanding of the two terms, each has their own respective legal definition and usage within business. Once you understand the definition of the terms, this article goes into how a business can slip into the legal quagmire and how the owner of the business can lose his\/her rights to control the business. Finally, some tools are explained to help prevent this entire process from unfolding.<\/span><\/p>\n

Insolvency<\/span><\/strong><\/h2>\n

The key to this term is that it is not a formal legal status. In general, it refers to the inability of the business operation to pay its current obligations within the agreed upon time periods. There are two types of insolvency. The first is referred to as \u2018equity\u2019 insolvency and the second type is termed \u2018balance sheet\u2019 insolvency.\u00a0<\/span><\/p>\n

Equity Insolvency<\/span><\/strong><\/h3>\n

The most common form of insolvency most businesses, if not all businesses will experience is cash flow<\/span><\/strong><\/a> to pay their bills. This is referred to as \u2018Equity Insolvency\u2019 because the owner(s)\/shareholders have failed to properly fund working capital, i.e. adequate cash to meet the daily needs of the business.\u00a0<\/span><\/p>\n

It is effectively the inability to pay current liabilities when they come due. Often it is seen as a shortage of cash in an accounting period necessitating deferral of payment of bills due. This form of insolvency is strictly the lack of cash to pay your bills. A lack of cash doesn\u2019t mean you are poor businessman, it just means that there is a true, hopefully temporary, issue with the ability to pay your current bills.<\/span><\/p>\n

This form of insolvency is stated in many different ways:<\/span><\/p>\n