Difference Between Insolvency and Bankruptcy: Individuals and businesses both are referred to as insolvency. Individual bankruptcy is referred to as bankruptcy, while corporate insolvency is referred to as corporate insolvency. Both terms refer to a situation in which a person or a firm is unable to pay the debt now or in the near future because their assets are worth less than their liabilities. On this page, let’s learn everything about the difference between insolvency and bankruptcy in detail.
- What is Insolvency?
- Reasons for Insolvency
- What is Bankruptcy?
- What is Difference Between Insolvency and Bankruptcy?
Insolvency is a state that can lead to bankruptcy, despite the fact that both phrases refer to enormous debts. In its most basic form, insolvency occurs when a person is unable to repay creditors on time.
Although bankruptcy is a possible remedy to insolvency, this type of situation does not always result in bankruptcy. You may be able to handle your insolvency through alternative methods, such as filing a consumer proposal or taking out a debt consolidation loan, depending on your circumstances.
For a number of reasons, individuals and companies can become insolvent, but among the most common are:
- Loss of employment or reduction in wages
- Medical bills for divorce
- Inadvisable utilisation of loans
- Financial mismanagement
Bankruptcy is a legal process that gives those who are unable to pay their debts protection and relief. A Licensed Insolvency Trustee will be assigned to liquidate your assets, contact your creditors, and examine your affairs once you file for bankruptcy. You will also have to follow bankruptcy rules, which include going to credit counselling programmes.
You will be discharged from bankruptcy and become solvent once you have fulfilled all required requirements. It usually takes 9 to 21 months to complete the process.
- Bankruptcy is an action against a person or company who cannot repay the debts that are outstanding.
- A request filed by the debtor, or the creditors, begins the bankruptcy process.
- The entire asset of the debtor may be measured and assessed and used in repaying a portion of the debt remaining.
- If a person or entity cannot pay the debt, it owes its creditors, on time or when and when they have been attributable and due, and is therefore regarded as an “insolvent person” or entity.
- Liquidation is the liquidation of a company or organization. Many entities can initiate procedures leading to liquidation these are:
- Company Directors
- Regulatory Bodies
- Company’s shareholders
- Company’s unpaid lender
FAQ’s on Insolvency and Bankruptcy
Is insolvency the same as bankruptcy?
Insolvency and bankruptcy might sound the same thing, but it’s not. The financial state is insolvency, while the legal statements and the process are bankrupt.
What is the meaning of insolvency and bankruptcy?
Insolvency is a situation resulting from the inability to reimburse debts due to inadequate assets, bankruptcy is a situation where an insolvency reporting authority requests to be declared bankrupt, which shall continue until discharge.
What happens if a person declares bankruptcy in India?
If a person declares bankruptcy in India, the court will declare you insolvent and appoint an officer to take responsibility for your property. Until they are sold you cannot touch your property and assets. Your creditors will divide the money to reimburse your loans and debt.