tkj23qe1387
Member
This post is general information not legal advice.
Generally, when a company still has “going concern” value, they may use the chapter 11 process to sell non-performing assets, terminate burdensome contracts (e.g., we work), and restructure its balance sheet (such as reducing debt with equity) so that the company may be more financially sustainable.
That’s why they call chapter 11 bankruptcy “restructuring.”
If the company is no longer a going concern, I.e., given time it would likely run to the ground, then the best outcome for creditors will be to liquidate all company assets (chapter 7) and orderly distribute the proceeds… secured debt first, priority unsecured, general unsecured…
IF EC EVENTUALLY FILES FOR CHAPTER 7 LIQUIDATION—
Deposits will be in a weird place unfortunately. Even though deposits were paid to commission the build of a specific vehicle, unless a security agreement was explicitly arranged, the buyer does not have “security” in that vehicle. What this means is that funds from the sale of those vehicles will be pooled with other funds to pay creditors in legal priorities. Only a small portion of a client’s deposits (a little over $3300 based on latest inflation adjustments) will be priority unsecured claims. The remaining portion will just be general unsecured claims.
Can’t really fathom what prompted EC’s decision as an outsider, but do know that debt can be very dangerous… especially variable rate debt.
Generally, when a company still has “going concern” value, they may use the chapter 11 process to sell non-performing assets, terminate burdensome contracts (e.g., we work), and restructure its balance sheet (such as reducing debt with equity) so that the company may be more financially sustainable.
That’s why they call chapter 11 bankruptcy “restructuring.”
If the company is no longer a going concern, I.e., given time it would likely run to the ground, then the best outcome for creditors will be to liquidate all company assets (chapter 7) and orderly distribute the proceeds… secured debt first, priority unsecured, general unsecured…
IF EC EVENTUALLY FILES FOR CHAPTER 7 LIQUIDATION—
Deposits will be in a weird place unfortunately. Even though deposits were paid to commission the build of a specific vehicle, unless a security agreement was explicitly arranged, the buyer does not have “security” in that vehicle. What this means is that funds from the sale of those vehicles will be pooled with other funds to pay creditors in legal priorities. Only a small portion of a client’s deposits (a little over $3300 based on latest inflation adjustments) will be priority unsecured claims. The remaining portion will just be general unsecured claims.
Can’t really fathom what prompted EC’s decision as an outsider, but do know that debt can be very dangerous… especially variable rate debt.