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What Is The Difference Between Insolvency & Bankruptcy






Bankruptcy and insolvency are related financial terms, but they have distinct meanings and implications:

Insolvency:

Insolvency is a financial condition where an individual or a company cannot meet their financial obligations as they become due.

Insolvency can be a temporary situation, and it may be possible for the individual or company to recover from it through debt restructuring, negotiation with creditors, or improved cash flow management.

Insolvency is a broader term that encompasses both cash-flow insolvency (inability to pay debts as they come due) and balance-sheet insolvency (where liabilities exceed assets).

Insolvency is not a formal legal process, but it may lead to formal proceedings like bankruptcy or liquidation if the situation cannot be resolved.

Bankruptcy:

Bankruptcy is a legal process through which an insolvent individual's debts are either discharged (eliminated) or restructured, providing them with a fresh financial start.

Bankruptcy typically involves the appointment of a trustee, who takes control of the bankrupt individual's assets, sells them to repay creditors, and oversees the bankruptcy process.

Bankruptcy has a more lasting impact on the individual's credit history and ability to obtain credit in the future. It usually remains on the credit report for several years and can affect the person's ability to secure loans, mortgages, or other forms of credit.

Bankruptcy laws and processes vary by country. In some jurisdictions, companies can also file for bankruptcy, while in others, a separate process like liquidation or administration is used to deal with insolvent companies.

In summary, insolvency is a financial state where an individual or company cannot meet their debt obligations, while bankruptcy is a formal legal process designed to provide relief to insolvent individuals by discharging or restructuring their debts.






www.Insolvencypractice.com.au is owned by Jamieson Louttit & Associates. Jamieson Louttit & Associates also owns www.JLAInsolvency.com.au and is a Sydney based insolvency practice.

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JLA INSOLVENCY & ADVISORY
Level 13
50 Margaret Street, Sydney NSW 2000
Phone:02 9231 0505 Fax:02 9231 0303 Email:enquiries@jlainsolvency.com.au Web:http://www.jlainsolvency.com.au
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