Two Sides of Assignments for the Benefit of Creditors
Side 1: Disposition of Insolvent Investments
An Assignment for the Benefit of Creditors (“ABC”) is a formal insolvency process as an alternative to a federal bankruptcy filing.
The distressed company chooses its own “trustee” who has two primary mandates:
Monetize any and all assets, and hold the proceeds in trust for distribution to creditors in the future.
Conduct the administrative wind down of the company.
Board members can resign immediately knowing that key employee, tax and investor concerns will be handled.
Experience has demonstrated that the recovery for creditors is usually much greater in ABC’s, and administrative expenses tend to be lower, when compared with the average bankruptcy.