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Chapter 18
1 Equity insolvency occurs when a debtor is unable to pay its debts as they come due. Bankruptcy insolvency
occurs when a debtors liabilities exceed the fair value of all assets.
2 A bankruptcy proceeding is designated voluntary if the debtor corporation files the petition to place itself
under the protection of the bankruptcy court and involuntary if creditors file the petition to bring the debtor
into bankruptcy court. An involuntary petition may be filed by a single creditor with an unsecured claim of
$12,300 or more if there are fewer than twelve unsecured creditors. Otherwise, three or more entities with
unsecured claims totaling at least $12,300 must file in order to commence an involuntary case. The
requirements are the same for Chapter 7 and Chapter 11 cases.
3 The duties of the U.S. trustee are to maintain and supervise a panel of private trustees eligible to serve in
Chapter 7 cases, to serve as trustee or interim trustee in some bankruptcy cases, to supervise the
administration of bankruptcy cases, and to preside over creditor meetings. Bankruptcy judges still
supervise cases in districts without U.S. trustees.
4 The debtor corporation in a bankruptcy case has the following duties: (1) to file a list of creditors, a
schedule of assets and liabilities, and a statement of the debtors financial affairs; (2) to cooperate with the
trustee so that the trustee may perform his duties; (3) To surrender all property, including books,
documents, records, and so on, to the trustee; and (4) to appear at hearings of the bankruptcy court as
required.
5 A trustee is not appointed in all Title 11 cases. In Chapter 7 cases, a trustee will be elected by unsecured
creditors if a majority of creditors vote for the trustee, and those creditors hold at least 20 percent of the
claims. Otherwise, an appointed interim trustee serves as trustee. In Chapter 11 cases a trustee is appointed
only if deemed necessary by the court, but otherwise, the debtor remains in possession of the estate and
performs the duties of a trustee. Within 30 days from the time the court orders the appointment of a trustee
in a Chapter 11 case, a party in interest may request the election of a trustee.
6 The trustee in a liquidation case takes possession of the debtors estate, converts estate assets into cash, and
distributes the proceeds as directed by the court. They also performs other duties such as investigating the
financial affairs of the debtor, providing information about the estate to parties of interest, examining
creditor claims and objecting to those that appear improper, operating the debtors business if authorized to
do so by the court, providing financial reports and summaries about the estate to the court, and filing
reports on trusteeship as directed by the court.
7 The priority rankings in a Chapter 7 liquidation case are summarized in Exhibit 182 of the text. The
priorities recognized for unsecured claims (Rank II) are: (1) administrative expenses, (2) claims incurred
between an involuntary filing and appointment of a trustee, (3) salary claims up to $10,000 per individual
earned within 90 days of filing, (4) employee benefit plan contribution claims up to $10,000 per individual
earned within 180 days of filing, (5) individual claims up to $1,800 for goods and services purchased from,
but not provided by the debtor, and (6) claims of governmental units for taxes owed by the debtor (subject
to time restrictions), including taxes collected and withheld for which the debtor is liable.
8 Four ranks within the unsecured nonpriority claim category (general unsecured claims) are: (1) claims
allowed that were timely filed, (2) claims allowed where proof was filed late, (3) claims allowed for fines,
penalties or forfeitures, or damages, and arising before the court order for relief or appointment of a
trustee, and (4) claims for interest on unsecured claims.
9 The accountants statement of affairs is a financial statement that is designed to provide information about
liquidation values and priority rankings for use by the trustee, the court, creditors, and other interested
parties in the debtors estate. Assets are measured at expected net realizable values in the statement, but
book values are also included for reference purposes.
10 A debtor corporations estate may be liquidated even though the filing is under Chapter 11. This can occur
when the case is transferred to Chapter 7 for liquidation. It can also be carried out in accordance with an
approved Chapter 11 plan of reorganization that calls for sale and distribution of the proceeds from the
debtor corporations estate.
11 A debtor in possession reorganization case is a Chapter 11 case in which the bankruptcy court does not
appoint a trustee, but instead, allows the debtor corporation to carry out the duties that otherwise would be
performed by a trustee.
12 A creditor committee can file a plan of reorganization under a Chapter 11 case after 120 days from the date
the court order for relief is granted. The order for relief occurs when the debtor or creditors filing petition
is approved by the court.
13 The approval of a plan of reorganization requires acceptance of the plan by at least two-thirds in dollar
amount and over half in number of claims in each class of claims. Further, each class of claims must accept
the plan or not be impaired under it. A class of claims that would receive nothing if the corporation were
liquidated is not impaired if it receives nothing under a plan and, accordingly, acceptance by that class of
claims is not required.
Chapter 18 18-3
14 Prepetition liabilities are the liabilities of an enterprise that were incurred prior to a Chapter 11 filing. They
are reported at the amounts allowed by the bankruptcy court. Prepetition liabilities subject to compromise
are those liabilities that may be impaired by a plan and that are eligible for compromise because they are
either unsecured or undersecured.
15 Reorganization value is an estimate of the value of the reconstituted entity that will emerge from
reorganization, plus the expected net realizable value of the assets that will be disposed of before
reconstitution occurs. It is also described as the fair value of the entity before considering liabilities.
Reorganization value approximates the amount a willing buyer would pay for the assets of the entity
immediately after the restructuring.
16 Fresh start reporting should be used by a company emerging from Chapter 11 if the following two
conditions are met: (1) the reorganization value of the assets of the emerging entity immediately before the
date of confirmation is less than the total of all postpetition liabilities and allowed claims and (2) holders of
existing voting shares immediately before confirmation receive less than 50 percent of the voting shares of
the emerging entity.
17 Entities not qualifying for fresh start reporting report liabilities compromised by a confirmed
reorganization plan in a manner similar to that of a note issued in a noncash transaction under FASB ASC
835. Forgiveness of debt should be reported as an extraordinary item.
SOLUTIONS TO EXERCISES
Solution E18-3
Solution E18-4
1 On the basis of the reorganization value, Bax qualifies for fresh start
reporting because the estimated reorganization value of $2,000,000 is
less than the postpetition liabilities and allowed claims.
2 Old stockholders must retain less than a 50% interest in the new
entity.
Chapter 18 18-5
Solution E18-5
SOLUTIONS TO PROBLEMS
Solution P18-1
March 1, 2011
Cash $ 4,000
Accounts receivable net 8,000
Inventories 36,000
Land 20,000
Buildings net 100,000
Intangible assets 26,000
Accounts payable $50,000
Note payable unsecured 40,000
Revenue received in advance 1,000
Wages payable 3,000
Mortgage payable 80,000
Estate equity 20,000
To record custody of Sco in liquidation.
March 2011
Cash $ 7,200
Estate equity 800
Accounts receivable net $ 8,000
To record collection of receivables and recognize loss.
Cash $ 19,400
Estate equity 16,600
Inventories $36,000
To record sale of inventories at a loss.
Cash $ 90,000
Estate equity 30,000
Land $ 20,000
Buildings net 100,000
To record sale of land and buildings at a loss.
Chapter 18 18-7
Solution P18-1 (continued)
2 Sco in Trusteeship
Balance Sheet
at March 31, 2011
Assets
Cash $120,600
Less:
Loss on uncollectible receivables $ 800
Loss on sale of inventories 16,600
Loss on sale of land and buildings 30,000
Loss on write-off of intangibles 26,000
Administrative expenses 8,200 81,600
April 2011
Mortgage payable $80,000
Cash $80,000
To record payment of secured creditors from proceeds from sale of
land and buildings.
Chapter 18 18-9
Solution P18-2
Total $445,000
Solution P18-3
1 Ranking of claims:
Fully secured:
8. Holders of first mortgage and
related
interest $228,500
Unsecured priority:
1. Administrative expenses $ 12,500
6. Wages payable up to $4,000 per 47,000
employee
7. Customer claims for merchandise paid 1,500
for and not delivered (maximum
$1,800 per individual)
5. State government for gross $ 3,000
receipts taxes
3. Local government for property
taxes 4,000 7,000
Total unsecured priority claims 68,000
Unsecured nonpriority:
2. Merchandise creditors $99,000
4. Local bank for principal of loan 30,000
6. President for salary due over $4,000 1,000 130,000
4. Interest on unsecured bank loan 4,500
Total unsecured nonpriority claims 134,500
Chapter 18 18-11
Solution P18-4
1 Hanna Corporation
Statement of Affairs
on June 30, 2011
Assets
Realizable
Values- Realizable
Liability Value
Offsets Available for
Book for Secured Unsecured
Value Creditors Creditors
Pledged for partially
secured creditors
$55,000 Equipment net $28,000
Less: Mortgage note payable
and accrued interest (31,000) $ 0
Unsecured creditors
26,400 Accounts payable 26,400
7,600 Rent payable 7,600
Stockholders equity
55,000 Capital stock
(39,800) Retained earnings (deficit)
$92,200 $37,000
Partially secured
Unsecured priority
Unsecured nonpriority
Chapter 18 18-13
Solution P18-5
Assets
Realizable Realizable
Value- Value
Book Liability Available for
Value Offsets Unsecured
Fully secured
$210,000 Accounts receivable net $160,000
Less: Notes payable 100,000 $ 60,000
Partially secured
250,000 Land and buildings net $140,000
Less: Mortgage and interest
payable 205,000 0
Unsecured
80,000 Cash 80,000
200,000 Inventories 210,000
150,000 Equipment net 60,000
10,000 Intangible assets 0
Available for priority and
unsecured 410,000
Priority liabilities 150,000
Available for nonpriority
unsecured 260,000
Estimated deficiency 155,000
$900,000 $415,000
Equities
Secured and Unsecured-
Book Priority Nonpriority
Value Claims Claims
Priority liabilities
$ 50,000 Accounts payable $ 50,000
24,000 Wages payable 24,000
76,000 Taxes payable 76,000
150,000
Fully secured
100,000 Note payable $100,000
Less: Accounts receivable net 160,000
(60,000)
Partially secured
205,000 Mortgage and interest payable $205,000
Less: Land and buildings net 140,000
65,000 $ 65,000
Unsecured
350,000 Accounts payable 350,000
300,000 Capital stock
(205,000) Retained earnings deficit
$900,000 $415,000
Unsecured claims:
Partially secured ($205,000 - $140,000 secured) $ 65,000
Accounts payable nonpriority 350,000
Chapter 18 18-15
Solution P18-6
Assets
Realizable
Values- Realizable
Liability Value
Offsets for Available for
Book Secured Unsecured
Value Creditors Creditors
Pledged for fully
secured creditors
$230,000 Land and building $170,000
Less: Mortgage payable
and accrued interest (165,000) $ 5,000
Available for priority
and unsecured creditors
40,000 Cash 40,000
70,000 Accounts receivable net 63,000
50,000 Inventories 42,000
60,000 Machinery net 20,000
50,000 Goodwill 0
Total available for priority and unsecured
Creditors 170,000
Less: Priority liabilities 70,000
Total available for unsecured creditors 100,000
Estimated deficiency 65,000
$500,000 $165,000
Solution P18-7
Chapter 18 18-17
Solution P18-7 (continued)
3 Lowstep Corporation
Final Balance Sheet
as of July 8, 2011
Assets
Cash $ 6,700
Trade receivables net 1,000
Inventories 2,000
Land 2,000
Buildings net 1,500
Equipment net 1,800
Reorganization value in excess of fair values 1,000
Total assets $16,000
Note: The final balance sheet of Lowstep Corporation will be the same as
the beginning balance sheet of Highstep Corporation.