"The word 'Insolvency' and 'Bankruptcy' are generally used interchangeably in common parlance, but there is marked difference between the two." Explain.
CS Professional · Corporate Restructuring, Insolvency, Liquidation & Winding-up · PYQS · June 2022
"The word 'Insolvency' and 'Bankruptcy' are generally used interchangeably in common parlance, but there is marked difference between the two." Explain.
Answer & Explanation:
The words "Insolvency" and "Bankruptcy" are generally used interchangeably in common parlance but here is a marked distinction between the two. Insolvency and Bankruptcy are not synonymous. The term "insolvency" notes the state of one whose assets are insufficient to pay his debts; or his general inability to pay his debts. The term "insolvency" is used in a restricted sense to express the inability of a party to pay his debts as they become due in the ordinary course of business. The word "bankruptcy" is the condition of insolvency. It is a legal status of a person or an entity who cannot repay debts to creditors. The bankruptcy process begins with filing of a petition in a court or before an appropriate authority designated for this purpose. The debtor's assets are then evaluated and used to pay the creditors in accordance with law. Therefore, while insolvency is the inability of debtors to repay their debts, the bankruptcy, on the other hand, is a formal declaration of insolvency in accordance with law of the land. Insolvency describes a situation where the debtor is unable to meet his/her obligations and bankruptcy occurs when a court determines insolvency, and gives legal orders for it to be resolved. Thus insolvency is a state and bankruptcy is the conclusion.
Topics: Insolvency and Bankruptcy Code (IBC)
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