Monday, August 2, 2010

Bankruptcy Process Explained by SEC

http://www.sec.gov/investor/pubs/bankrupt.htm

A company's securities may continue to trade even after the company has filed for bankruptcy under Chapter 11.

During bankruptcy, bondholders will stop receiving interest and principal payments, and stockholders will stop receiving dividends. If you are a bondholder, you may receive new stock in exchange for your bonds, new bonds, or a combination of stock and bonds. If you are a stockholder, the trustee may ask you to send back your old stock in exchange for new shares in the reorganized company. The new shares may be fewer in number and may be worth less than your old shares.The bankruptcy court may determine that stockholders don't get anything because the debtor is insolvent. (A debtor's solvency is determined by the difference between the value of its assets and its liabilities.) If the company's liabilities are greater than its assets, your stock may be worthless.

Steps in Development of the Plan:

The debtor company develops a plan with committees.

Company prepares a disclosure statement and reorganization plan and files it with the court.

SEC reviews the disclosure statement to be sure it's complete.

Creditors (and sometimes the stockholders) vote on the plan.

Court confirms the plan, and

Company carries out the plan by distributing the securities or payments called for by the plan.

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