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LSDefine

Simple English definitions for legal terms

assignment for benefit of creditors

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A quick definition of assignment for benefit of creditors:

An Assignment for the Benefit of Creditors (ABC) is a way for a business that cannot pay its debts to transfer all of its assets to a trustee who will sell them to pay off the creditors. If there is any money left over, it will go back to the business. This is a voluntary alternative to bankruptcy that can be faster and less public. It also allows the business to choose the trustee and can protect a company that wants to buy assets from a struggling business from being responsible for its debts. However, the rules for ABC vary by state and may require shareholder approval.

A more thorough explanation:

Definition: An Assignment for the Benefit of Creditors (ABC) is a voluntary process that a business can choose instead of filing for bankruptcy. In an ABC, the business transfers all of its assets to a trustee who will manage the assets to pay off debts to creditors. If there are any assets left over, they will be transferred back to the business.

ABC can be beneficial for a struggling business because:

  • The business can choose the trustee overseeing the process who might know the specifics of the business better than an appointed trustee.
  • It avoids judicial oversight, which can make the process faster and less restrictive.
  • It often avoids negative publicity that bankruptcy generates.
  • It can help a company trying to purchase assets of a struggling company avoid liability to unsecured creditors of the failing company.

For example, if a small business is struggling to pay its debts, it may choose to do an ABC instead of filing for bankruptcy. The business would transfer all of its assets to a trustee who would then sell the assets to pay off the business's debts. If there are any assets left over, they would be returned to the business.

ABC is becoming more popular, but it varies based on the state. In California, ABC is overseen by common law, while many other states use stricter statutory ABC structures, such as Florida. Depending on the state's corporate law and the company's charter, the struggling business may be forced to get shareholder approval to use ABC, which can be difficult in large corporations.

assignment | assisted suicide

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ParallelAgreeableOrangutan
23:21
I don't visit y'all's profiles enough, clearly
NarrowFaithfulCougar
0:22
@NemoPropheta: Ahh yeah, the Sauna. That's some good Nordic shit. Beats the hot tub hands down. Plus everyone is naked.
1:23
@ParallelAgreeableOrangutan: got that weaponized autism in gear, we out here.
@llama: your cycle confuses me, your stats are good and you applied early but all of those Rs? Is there anything weird about your app?
do you have C&F issues or something?
also ur first choice is kansas but you didnt apply there?
12:55
@RasheedWallaceFan: Hi. Yes, I waited for April LSAT, put almost all apps (which were sent really early) so that basically most of my apps were reviewed In May. Shot myself in the foot for 155 -> 161 lmao. Would not recommend 10/10
12:57
@RasheedWallaceFan: unironically, KSLS was my top choice, however by April LSAT their app had closed. It was like waiting to date ur dream partner, but waiting until you graduate uni, then by the time u graduate uni, your soul mate is already married with 2.4 kids and 1.6 dogs. Heartbreak.exe fr fr
12:58
are you R&Ring?
13:00
No, I think what I will do is flip a coin: heds NKU, tails NEL|B what u guys think bout dat. Then once 1L - if good at LS, try to transfer, if bad at LS or one of my grandiose ideas/inventions are viable, drop out and pursue.
oh so you submitted the apps with a lower lsat and then retook
got it
Bettercaulsaul
13:33
Most schools will hold your application for the next test score to be released into your account as well. I was notified by an admissions director that if a decision is processed they will not retroactively go back for the new score even if higher
ParallelAgreeableOrangutan
13:34
I vote NEL-Boston so we can be friends :D
ParallelAgreeableOrangutan
13:34
But it says you withdrew?? :(
ParallelAgreeableOrangutan
13:41
@Bettercaulsaul: in my experience, there is often an option on the application for you to choose whether you'd like them to review your application as-is ASAP or hold it until your new score is released. but it probably varies by school—I just remember seeing that option on at least a few app forms
2:21
While I am unsure of what option you are referring to, I personally just emailed each school and asked for them to hold my app pending my lsat score release.
2:22
Sorry WNE = Western New England not NEL|B
14:50
Hey guys is anyone online rn
14:51
I need adviceee
15:48
shooooot
hey y'all so im gonna be honest im completely new to all this, i kinda bullshitted and took the LSAT and i have no clue what my odds are of getting into schools. 163 LSAT, 3.17 GPA, and a double major in undergrad i may write about in an addendum
Based on the list I see you made on your profile, you will need to make significant LSAT improvement for those schools to be contenders. Your primary focus should probably be working to get your LSAT practice tests up to a number you are happy with before you retest, and then test until you get a score you like. Don't rush an application cycle or apply late since those will hurt your odds of getting into your school as a splitter. Good luck!
oh that was literally just random stuff i dont know how this works
thank you so much!
im retaking in 4 days, and maybe again in august, and i was gonna apply to see what i got, and if i didnt like it i was going to wait till next cycle and work on improving my GPA
@InnateMatureRhino: wow rude
yall need help fr
0:51
chat should i go to uc davis or loyola
TheOrangeGorillla
1:58
https://www.lsd.law/users/creep/UnsuitableExoticTiger Is this real chat?
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