Secure and Confidential

24/7 Toll Free Help

  1. Bankruptcy Glossary
  2. Insolvency

What is Insolvency?

If this happens a company is unable to meet their financial obligations and must take action to increase their cash flow or work with their creditors to renegotiate their debts. Filing Chapter 11 Bankruptcy and restructuring debt payments is a common solution for some companies who are insolvent. Insolvency can be a temporary condition, however, and if the proper steps are taken a company may be able to increase their cash flow without seeking legal protection through bankruptcy. Companies who have filed bankruptcy are all considered insolvent.

Insolvency forces a company to take immediate steps to decrease their liabilities. Common ways to do this may include selling assets to raise immediate cash for debt payments or borrowing more money. Borrowing additional funds, although generating immediate cash, is less appealing because it also creates more debt liability which must be paid. Acquisition by another company may also be another way to stave off insolvency.

Debtors who file bankruptcy protection can also be considered insolvent. Depending on the type of bankruptcy filed, a discharge for certain debts may be given (Chapter 7 Bankruptcy) or the debtor may be required to repay a portion of their debts (Chapter 13 Bankruptcy). Insolvent individuals who file bankruptcy are allowed certain bankruptcy exemptions (car, trade equipment, equity in a home) to make a fresh financial start.