Bankruptcy is the final solution to dealing with your financial issues – it is the measure of last resort and should never be undertaken lightly nor without professional advice and assistance. In a nutshell, bankruptcy is where all your assets are liquidated and sold with the proceeds being distributed to your creditors; after a period of supervision, which is 12 months in the UK, you are now free and clear to restart your life without the burden of your debts.
The devil is in the detail – “all of your assets are liquidated and sold”, and this includes your home, your business if you are self-employed, your vehicles and your investments as well as any savings if you have them.
The most common factor is of course, losing your home and having to move your family to usually, rented accommodation.
You can be made bankrupt in two different ways – voluntary bankruptcy is where you file your own petition with the court to have you declared bankrupt and involuntary bankruptcy, which is where a creditor who you owe more than £750 files to have you declared bankrupt.
The process is started by filing a petition with the High Court in London or if you live out of the London area, with your local county court. The Official Receiver, a court officer who is appointed by the Secretary of State, will then advertise the bankruptcy in the London Gazette which is a publication dealing with legal notices. They are responsible for acting as your trustee in bankruptcy and are required to oversee the liquidation of your assets and the fair distribution of them to your creditors. They are also required to ensure you are honest in your dealings and are not concealing assets from your creditors. In addition, they are also responsible for making sure the bankruptcy notice is distributed to the various agencies involved and who have an interest in any bankruptcy order such as HM Land Registry, bailiffs, other courts handling your financial issues, and HM revenue and Customs.
An Insolvency Practitioner may be appointed as your trustee in bankruptcy as an alternative to the Official Receiver. An Insolvency Practitioner is a qualified professional who is authorised to act as your trustee in bankruptcy and do all of the functions normally performed by the Official Receiver. They will also perform the supervision of your finances for the next 12 months until you are eligible to be discharged. Discharge is usually granted after the 12 month period and you are now a discharged bankrupt and free to pursue your life without any financial supervision or restraint though the fact you have been declared bankrupt will be recorded and obtaining credit and a mortgage to buy a home may be more difficult.
Bankruptcy may be a simple and relatively quick method of clearing your debts but it is not suitable for many people; indeed, there are a number of other methods for dealing with your debt situation which do not include losing your home. It is absolutely vital that you seek professional and independent advice at the very earliest stage – the sooner you seek advice then the quicker and easier it will be to come up with an alternative that falls short of losing your home and assets.
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The economy today is not stabilized. Even big companies have to confront the ups and downs that come their way. But the only thing that keeps them going is survival. They have to survive in the market and progress swiftly or gradually. One strategy to advancement is that of ‘mergers’ between companies. There are numerous mergers that take place locally but they do not have a great effect on the market especially the consumers. But the mergers that take place at the national or international level have a profound impact on the economies of the concerned countries.
There are different reasons behind a merger of two or more companies. But first of all there exist diverse types of mergers.
a)Horizontal Mergers- where two competing companies conjoin to form a single large company. The companies in horizontal mergers are selling the same product in the same market and so are contenders to each other. Such a merger can have a tremendous influence on the market from creating monopoly to escalating prices of the commodity. This is precisely the reason that The Federal Trade.
b)Commission that is worried about the market and the consumers keeps a hawk’s eye on such mergers and at times detains the companies from merging in the interest of the people.
c)The Vertical Mergers- are the mergers between a supplier and the distributor company of the supplies. This is an anti competitive merger but can be highly beneficial to the company. It is because the distributor will no more have to pay for the manufacturing of the supplies, it gets the product at the base price. So there is good cost saving due to this. Vertical merger also rules out lot of competition from the market.
d)Market Extension Merger is between the companies selling same product but in different markets. This merger enhances the market for the two companies since they now act as one sole company.
e)Product Extension Merger is like the one between an eminent company making motor parts and another that makes their own cars. So, the companies involved here sell different but more or less the same product in the same market. This merger promotes the sale of both the companies significantly.
f)Conglomeration is a merger where the concerned companies have nothing in common to sell.
There are various reasons behind merger of companies. Like
a)Synergy factor prompts the merger of most of the companies. The synergy in business pertains to the cost saving and revenue enhancement. The companies after merger decrease the staff keeping only the skilled labor, work with a single managing director, CEO etc. So there is good outlay saving. Moreover the economy of the sale i.e. the purchasing power of the company booms after merger.
b)To increase the output and rule the market- many mergers are made with the intention to oust the competition and jointly rule the market. This presupposes healthy relations between the competing companies.
c)Mergers also take place when a company is not able to perform well due to some or the other cause like the lack of required investment in the form of capital, tremendous competition etc. In such a situation this company can merge with one its parent company or any other company that has faith in the prior goodwill of the declining company and in its potential to grow and enhance. So companies also merge in order to overcome their internal inconsistencies.
d)Many a mergers besides economically are also politically driven.
e)Acquisitions which imply taking over of one stronger company with the other weaker one are also at times veiled by the name of merger.
However, the directors who plan to merge their companies should actually contemplate over it, keeping in mind all the possible pros and cons. They must seek advice from neutral financial consultants who do are more inclined towards the welfare of the company and not their own. Their own benefit is also hidden in a merger since the wages of the employees increase with the advancement due to merger. So it is recommended to take advice from all those who are the well wishers of the company before taking any concrete step in this direction.
Both Jensen Carlyle & Mansi Gupta are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Jensen Carlyle has sinced written about articles on various topics from Debt Reduction Consolidation, Bankruptcy Law and Debt Consolidation. Talk About Debt is the UK's premier online portal and web forum for free debt resources including links to all the major debt charities and professional organisations.
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