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Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.
Chapter 11 of the United States Bankruptcy Code permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whether organized as a corporation, partnership or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. In contrast, Chapter 7 governs the process of a liquidation bankruptcy, though liquidation may also occur under Chapter 11; while Chapter 13 provides a reorganization process for the majority of private individuals.
Title 11 of the United States Code sets forth the statutes governing the various types of relief for bankruptcy in the United States. Chapter 13 of the United States Bankruptcy Code provides an individual with the opportunity to propose a plan of reorganization to reorganize their financial affairs while under the bankruptcy court's protection. The purpose of chapter 13 is to enable an individual with a regular source of income to propose a chapter 13 plan that provides for their various classes of creditors. Under chapter 13, the Bankruptcy Court has the power to approve a chapter 13 plan without the approval of creditors as long as it meets the statutory requirements under chapter 13. Chapter 13 plans are usually three to five years in length and may not exceed five years. Chapter 13 is in contrast to the purpose of Chapter 7, which does not provide for a plan of reorganization, but provides for the discharge of certain debt and the liquidation of non-exempt property. A Chapter 13 plan may be looked at as a form of debt consolidation, but a Chapter 13 allows a person to achieve much more than simply consolidating his or her unsecured debt such as credit cards and personal loans. A chapter 13 plan may provide for the four general categories of debt: priority claims, secured claims, priority unsecured claims, and general unsecured claims. Chapter 13 plans are often used to cure arrearages on a mortgage, avoid "underwater" junior mortgages or other liens, pay back taxes over time, or partially repay general unsecured debt. In recent years, some bankruptcy courts have allowed Chapter 13 to be used as a platform to expedite a mortgage modification application.
Acclaim Entertainment, Inc. was an American video game publisher based in Glen Cove, New York. Originally formed by Greg Fischbach, Robert Holmes and Jim Scoroposki out of an Oyster Bay storefront in 1987, the company established a worldwide development team through a series of acquisitions in the late 1990s and early 2000s. After poor financial returns in their 2003 fiscal year, Acclaim filed for Chapter 7 bankruptcy in September 2004. Properties owned by Acclaim were subsequently auctioned off to various parties.
Midway Games Inc., known previously as Midway Manufacturing and Bally Midway, and commonly known as simply Midway, was an American video game developer and publisher. Midway's franchises included Mortal Kombat, Rampage, Spy Hunter, NBA Jam, Cruis'n, and NFL Blitz. Midway also acquired the rights to video games that were originally developed by Williams Electronics and Atari Games, such as Defender, Joust, Robotron: 2084, Gauntlet, and the Rush series.
Debt restructuring is a process that allows a private or public company or a sovereign entity facing cash flow problems and financial distress to reduce and renegotiate its delinquent debts to improve or restore liquidity so that it can continue its operations.
Liquidation is the process in accounting by which a company is brought to an end in Canada, United Kingdom, United States, Ireland, Australia, New Zealand, Italy, and many other countries. The assets and property of the company are redistributed. Liquidation is also sometimes referred to as winding-up or dissolution, although dissolution technically refers to the last stage of liquidation. The process of liquidation also arises when customs, an authority or agency in a country responsible for collecting and safeguarding customs duties, determines the final computation or ascertainment of the duties or drawback accruing on an entry.
4Kids Entertainment, Inc. was an American licensing company. The company was previously also a film and television production company that produced English-dubbed Japanese anime through its subsidiary 4Kids Productions between 1992 and 2012; it specialized in the acquisition, production and licensing of children's entertainment around the United States. The first anime that 4Kids Productions dubbed was the first eight seasons of Pokémon that originally began airing in first run syndication, and then it later moved to exclusively air on Kids' WB! in the United States. The company is most well known for its range of television licenses, which has included the multibillion-dollar Pokémon and Yu-Gi-Oh! Japanese anime franchises. They also ran two program blocks: Toonzai on The CW, and 4Kids TV on Fox, both aimed at children. The 4KidsTV block ended on December 27, 2008, while its Toonzai block ended on August 18, 2012, which was replaced by Saban's Vortexx, which in itself was succeeded by the One Magnificent Morning block by Litton Entertainment in 2014.
In the United States, bankruptcy is largely governed by federal law, commonly referred to as the "Bankruptcy Code" ("Code"). The United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States". Congress has exercised this authority several times since 1801, including through adoption of the Bankruptcy Reform Act of 1978, as amended, codified in Title 11 of the United States Code and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
TimeGate Studios was an American video game developer based in Sugar Land, Texas. The company, which was founded in 1998, released eight titles before closing in 2013.
Equity Media Holdings Corporation was a broadcasting company based in Little Rock, Arkansas that owned and operated television stations across the United States. Prior to March 30, 2007, the company was known as Equity Broadcasting, a name later used for its broadcast station subsidiary. The company had a focus on Hispanic and Asian American communities in large markets while owning a combination of English-language network affiliates in medium and small markets.
A bankruptcy discharge is a court order that releases an individual or business from specific debts and obligations they owe to creditors. In other words, it's a legal process that eliminates the debtor's liability to pay certain types of debts they owe before filing the bankruptcy case.
Qimonda AG was a German memory company split out of Infineon Technologies on 1 May 2006 to form at the time the second largest DRAM company worldwide, according to the industry research firm Gartner Dataquest. It was a patent licensing firm until Micron and others purchased its patents. Headquartered in Munich, Qimonda was a 300 mm manufacturer and was one of the top suppliers of DRAM products for the PC and server markets. Infineon still controls a 77.5% stake, which it has written down (2008). Infineon was on record as having the aim of divesting itself of this stake, with the purpose of becoming a minority stakeholder in 2009. The company has issued 42 million ADR shares, each ADR share representing one ordinary share in Qimonda.
Toibb v. Radloff, 501 U.S. 157 (1991), was a case in which the United States Supreme Court held that individuals are eligible to file for relief under the reorganization provisions of chapter 11 of the United States Bankruptcy Code, even if they are not engaged in a business. The case overturned the lower courts ruling which restricted individuals to chapter 7.
The insolvency law of Switzerland is the law governing insolvency, foreclosure, bankruptcy and debt restructuring proceedings in Switzerland. It is principally codified in the Federal Statute on Debt Enforcement and Bankruptcy of 11 April 1889 as well as in ancillary federal and cantonal laws.
Marc Stuart Dreier is an American former lawyer who was sentenced to 20 years in federal prison in 2009 for committing investment fraud using a Ponzi scheme. He is scheduled to be released from FCI Sandstone on June 30, 2025. On May 11, 2009, he pleaded guilty in the United States District Court for the Southern District of New York to eight charges of fraud, which included one count of conspiracy to commit securities fraud and wire fraud, one count of money laundering, one count of securities fraud, and five counts of wire fraud in a scheme to sell more than $950 million in fictitious promissory notes. Civil charges, filed in December 2008 by the U.S. Securities and Exchange Commission, are pending. The 2011 documentary Unraveled states that "Drier stole over $740 million from 4 clients, 4 individuals, and 13 hedge funds".
Relativity Media, LLC is an American media company founded in 2004 by Lynwood Spinks and Ryan Kavanaugh. The company brokered film finance deals and later branched into film production and other entertainment ventures. The company was commercially successful prior to bankruptcy.
Classic World Productions was a significant issuer of back music catalogues and television programs. It was based in Naperville, Illinois.
The 2009 General Motors Chapter 11 sale of the assets of automobile manufacturer General Motors and some of its subsidiaries was implemented through Chapter 11, Title 11, United States Code in the United States bankruptcy court for the Southern District of New York. The United States government-endorsed sale enabled the NGMCO Inc. to purchase the continuing operational assets of the old GM. Normal operations, including employee compensation, warranties, and other customer services were uninterrupted during the bankruptcy proceedings. Operations outside of the United States were not included in the court filing.
Sino-Forest Corporation (Sino-Forest) (TSX: TRE) claimed at one time to be one of the leading commercial forest plantation operators in China. In 2011, the company was accused of fraud and found itself under investigation by the Royal Canadian Mounted Police and the Ontario Securities Commission. On March 30, 2012 Sino-Forest filed for bankruptcy protection in Canada. It also announced that the company would be sold or restructured, with the proceeds going to its creditors. On July 13, 2017, the OSC released its decision finding that Sino-Forest and four individuals, including former CEO Allen Chan, committed fraud.
References
- ↑ Delta music label summary; www.allrecordlabels.com.
- ↑ Delta Entertainment Linkedin Profile; www.linkedin.com.
- ↑ Delta Entertainment Disclosure Statement, describing plan of liquidation, June, 2008; www.kccllc.net.
- 1 2 Uncredited, Delta Entertainment retains Barry Cappello in lawsuit against the Harry Fox Agency. Business Wire, March 25, 2003; www.allbusiness.com.
- ↑ Report of Creditors' Committee; www.kccllc.net.
- ↑ Bankruptcy Sales Listings Archived 2011-09-10 at the Wayback Machine ; www.bkinvesting.com. Retrieved 09-01-09.
