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Bankruptcy, Business
Business bankruptcy occurs when a commercial organization does not have sufficient readily available funds (capital) to pay its current debts. Further, the business is either unable or unwilling to sell its assets, or to use debt (by borrowing capital) or equity (by selling ownership shares), to pay such obligations. As a result, the owner(s) declare(s) the business to be bankrupt. This declaration in most developed countries invokes laws and procedures designed to protect the interests of both the owner(s) and the creditor(s) in an orderly fashion. In the United States, the declaration and resolution of a business bankruptcy is most often governed by the provisions of Chapter 11 of Title 11 of the U.S. Commercial Code. Hence, although a business may also file under the provisions of Chapter 7 or Chapter 13, reference is usually made to a business being “in Chapter 11.”
Business bankruptcies are a fact of the life cycle of some businesses and of the economic cycle in general. During the decade from 1995 through 2004, despite such high-profile filings as WorldCom (US$104 billion) and Enron (US$63 billion), the relative rate of business bankruptcies in industrialized countries worldwide decreased by almost 10 percent. The typical rate of business bankruptcy filings worldwide is less than 1 percent of all organized businesses, although it is often difficult to discover data separately reporting business and personal bankruptcy filings. In the United States, bankruptcy filings of all types—both business and personal—from 2000 through 2005 ranged between 1.3 million and 1.7 million each year.
Direct and Indirect Effects
U.S. bankruptcy filings directly affect tens of millions of new persons annually and many more tens of millions of persons indirectly. Those directly affected are generally the laborers, managers, long-term lenders of secured capital, and owners, including shareholders. These individuals and organizations, as direct participants in the business, have a vested interest in the vitality of the business. Thus a business failure usually impacts them more immediately and more severely. However, a business bankruptcy may also harshly affect indirect participants in the business, such as suppliers of raw materials, customers down the supply chain, and especially the residents of the cities, regions, and national economies of the bankrupt business.
The direct effects of bankruptcies are usually reported first, as they are the easiest to measure. Among these are the impacts on the financial investment in and the human capital of the business. The effects on the financial investment tend to be the loss of capital invested, including reductions in revenues and profits and, if it is a publicly traded company, the drop in share pricing. The effects on the human capital are, bluntly, the job losses associated with the bankruptcy and subsequent restructuring or sale of the business.
As an example of indirect effects, an automotive industry analysis stated in June 2006 that 24 percent of parts suppliers to the world's automobile companies themselves faced fiscal danger as a result of the near bankruptcy of their clients, in addition to the US$60 billion in parts supplier company bankruptcies since 2001 in North America alone.
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