CHAPTER 10 ANSWERS TO QUESTIONS 1. Extension of payment periods. The debtor continues to manage the business, and the creditors merely extend the payment due date(s) for existing debts. Composition agreements. A composition agreement is an agreement between the debtor company and its creditors under which the creditors agree to accept less than the full amount of their claims. Formation of a creditor’s committee. The debtor company and its creditors agree to form a committee of creditors responsible for managing the debtor’s business affairs for the period during which plans are developed to rehabilitate, reorganize, or liquidate the business. Voluntary assignment of assets. An insolvent debtor elects to voluntarily place his property under the control of a trustee for the benefit of his creditors. 2. In a voluntary petition, the debtor files a petition with a bankruptcy court for liquidation under Chapter 7 or for reorganization under Chapter 11. The bankruptcy judge may refuse a voluntary petition if refusal is considered to be in the best interest of the creditors. In an involuntary petition, creditors initiate the action by filing a petition for liquidation or reorganization with the bankruptcy court. If there are twelve or more creditors, the petition must be signed by three or more of such creditors whose claims aggregate at least $5,000 more than the value of any liens on the property of the debtor. If there are fewer than twelve creditors, the petition may be filed by one or more of such creditors whose claims aggregate at least $5,000 more than the value of any liens on the debtor’s property. 3. Fully secured claims. Those claims with liens against specific assets whose realizable value is equal to or in excess of the claim. 10 - 1
1. Extension of payment periods. The debtor continues to manage the business, and the creditors merely extend the payment due date(s) for existing debts. Composition agreements. A composition agreement is an agreement between the debtor company and its creditors under which the creditors agree to accept less than the full amount of their claims. Formation of a creditor’s committee. The debtor company and its creditors agree to form a committee of creditors respon
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CHAPTER 10ANSWERS TO QUESTIONS
1. Extension of payment periods. The debtor continues to manage the business, and the creditors merely extend the payment due date(s) for existing debts.
Composition agreements. A composition agreement is an agreement between the debtor company and its creditors under which the creditors agree to accept less than the full amount of their claims.
Formation of a creditor’s committee. The debtor company and its creditors agree to form a committee of creditors responsible for managing the debtor’s business affairs for the period during which plans are developed to rehabilitate, reorganize, or liquidate the business.
Voluntary assignment of assets. An insolvent debtor elects to voluntarily place his property under the control of a trustee for the benefit of his creditors.
2. In a voluntary petition, the debtor files a petition with a bankruptcy court for liquidation under Chapter 7 or for reorganization under Chapter 11. The bankruptcy judge may refuse a voluntary petition if refusal is considered to be in the best interest of the creditors.
In an involuntary petition, creditors initiate the action by filing a petition for liquidation or reorganization with the bankruptcy court. If there are twelve or more creditors, the petition must be signed by three or more of such creditors whose claims aggregate at least $5,000 more than the value of any liens on the property of the debtor. If there are fewer than twelve creditors, the petition may be filed by one or more of such creditors whose claims aggregate at least $5,000 more than the value of any liens on the debtor’s property.
3. Fully secured claims. Those claims with liens against specific assets whose realizable value is equal to or in excess of the claim.
Partially secured claims. Those claims with liens against specific assets whose realizable value is less than the amount of the claim.
Unsecured claims. Those claims that are not secured by liens against specific assets and are, therefore, paid from whatever total money remains after secured creditors are satisfied. Some unsecured claims take priority over others under federal bankruptcy law.
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4. The five categories of unsecured claims with priority are:a. Administrative expenses, fees, and charges incurred in administering the bankrupt’s estate.b. Unsecured claims for wages, salaries, or commissions earned by an employee within 90 days
before the date of filing a petition in bankruptcy, limited to the extent of $4,650 per employee.c. Claims for contributions to employee benefit plans from services rendered within 180 days
before the date of filing a petition in bankruptcy, but subject to certain limitations.d. Unsecured claims of individuals, to the extent of $2,100 for each such individual, arising from
the deposit of money in connection with the purchase, lease, or rental of property or services that were not delivered or performed.
e. Claims of governmental units for unpaid taxes.
5. Dividends represent the final distribution made to general unsecured creditors.
6. a. Transfer of Assets:The transfer of assets by a debtor to a creditor generally produces two types of gain or loss. A gain on restructuring of debt is recognized for the excess of the carrying value of the payable over the fair value of the assets transferred. This gain is reported as a component of operating income. In addition, a gain or loss on transfer of assets is recognized for the difference between the fair value and book value of the assets transferred. This gain (loss) is reported as a component of operating income also.
b. Grant of an Equity Interest:A debtor who grants an equity interest to a creditor will report a gain for the difference between the fair value of the equity interest issued and the carrying amount of the payable settled.
c. Modification of Terms:In a modification of terms, the debtor will report a gain on restructuring only if the total future cash payments specified by the new terms are less than the carrying value of the payable. The amount of gain is measure as the difference between the total future cash payments specified by the new terms and the carrying value of the payable.
7. The statement of affairs is an accounting report that is designed to permit interested parties to determine the total expected amounts that could be realized from the disposition of a company’s assets, the priorities in the use of the realization proceeds in satisfying claims, and the potential net deficiency that would result if the assets were realized and claims liquidated.
8. The officer is incorrect. Some claims, such as for taxes, fines, and penalties are not discharged.
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9. The primary duties of a trustee are:a. To be accountable of all property received.b. To examine proofs of claims and object to the allowance of any claim that is improper.c. To furnish such information concerning the estate and the estate’s administration as is requested
by a party in interest.d. If the business of the debtor is authorized to be operated, file with the court and with any
governmental unit charged with responsibility for collection of any tax arising out of such operation, periodic reports and summaries of the operation of the business.
e. If the debtor has not done so, file with the court a list of creditors, a schedule of assets and liabilities, and a statement of the debtor’s financial affairs.
f. If applicable, file a plan of reorganization, and, if the plan is accepted, file such reports as are required by the court.
10. The purpose of a combining workpaper is to serve as a means by which the trustee’s accounts are united with the debtor company’s accounts in order to prepare appropriate financial statements.
11. The purpose of a realization and liquidation account is to report summary realization and distribution activities of a trustee or receiver to the court. It reports the changes that have occurred during a period in the monetary items because that is what the court officials are primarily interested in.
BUSINESS ETHICS SOLUTIONS
1. In chapter 7 bankruptcy liquidation, firms are assumed to be past the stage of reorganization and must sell off any un-exempt assets to pay creditors. In contrast, Chapter 11 bankruptcy allows the firm the opportunity to reorganize its debt and to try to re-emerge as a healthy organization. In both cases, the creditors and other claim-holders suffer losses as they will be most likely getting less return on investment than expected at the time of the initial decision to invest in the company. From an ethical perspective, a chapter 11 bankruptcy provides the creditors and other claim-holders a better chance of recovering higher value for their investments than under chapter 7 as the firm strives to recover and reorganize under chapter 11 but not under chapter 7.
2. The new law makes sweeping changes to American bankruptcy laws and makes it more difficult for individuals to file bankruptcy under chapter 7. The new law requires a means test to determine whether the borrowers have enough resources to pay for their debts. For additional information, see the following link:http://en.wikipedia.org/wiki/Bankruptcy_Abuse_Prevention_and_Consumer_Protection_Act]
In addition the new law laid down the following requirements Mandatory credit counseling and debtor education Additional filing requirements and fees Increased attorney liability and costs Fewer automatic protections for filers Increased compliance requirements for small businesses Increased amount of debt repayment under Chapter 13 Increased length of time between discharges
These changes provide more safety for the creditors, who should consequently be better protected. Individuals who fail the means test may opt instead for Chapter 13, which involves a repayment of their debt over time.
3. Applying this test to businesses would benefit the creditors and other claim-holders, as they would feel a slight buffer to their risk, which might stimulate new business as a result of easier fund raising. It may also prevent businesses from venturing into unduly risky areas as they would not be able to bail out as easily by filing under chapter 7 if things went wrong (hence becoming somewhat more risk averse). It would seem to shift the risk balance somewhat to the shoulders of the entrepreneur from those of the investor.
4. Filing for bankruptcy is never a desirable or ethical option, but sometimes circumstances may arise that seem to force a business or an individual into this tough situation. Whether the individual finds another way at such a time or not is a personal issue and an ethical dilemma, and there is not necessarily a correct answer to this question. The purpose of this discussion is to get the student to thinking about his or her personal position, and where his ethical stance would be before the situation arises. Ideally, of course, the student will never find himself or herself in such a position, but, as the old saying goes, until you’ve walked a mile in another’s shoes…
ANSWERS TO EXERCISES
Exercise 10-1
1. a 4. c2. b 5. b3. a
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Exercise 10-2
1. False Insolvency is the inability to pay debts as they become due. Classification as to current and long-term is irrelevant.
2. True
3. True
4. False Secured creditors are paid first from the proceeds of sale of specific assets. If there are proceeds remaining, unsecured creditors with priority will be paid before other unsecured creditors.
5. True
6. False A gain on restructuring is measured by the excess of the carrying value of the payable settled over the fair value of the assets transferred.
7. False Restructuring gains from troubled debt restructurings are reported by the debtor as a separate component of operating income.
8. False The statement of affairs is a report that shows the estimated amount to be paid to each class of claim in the event of liquidation.
Exercise 10-3
Part A Copyright 50,000 Gain on Transfer of Assets 50,000
To revalue the copyright to its current fair value. [$95,000 – ($100,000 - $55,000)]
Copyright ($100,000 + $50,000) 150,000Gain on Debt Restructuring 70,000
Part B The gain on transfer of assets ($50,000) should be reported as a separate component (assuming material in amount) of operating income; the gain on restructuring ($70,000) should also be reported as a separate component of operating income.
Part C Loss on Transfer of Assets 15,000 Copyright 15,000
To revalue the copyright to its current fair value. [$30,000 – ($100,000 - $55,000)]
Part A No gain should be recognized because the total future cash payments specified by the new terms of $1,144,250 ($995,000 carrying value plus 3 years’ interest at $49,750 per year) exceed the current carrying value of the debt, $995,000.
Part B Note Payable 900,000 Accrued Interest Payable 95,000
Restructured Debt 995,000
Exercise 10-5
Part A A gain on restructuring should be recognized because the carrying value of the debt, $995,000, exceeds the total future cash payments specified by the new terms, $744,000 ($600,000 face value plus $144,000 interest). The gain of $251,000 should be reported as a separate component of operating income.
Part B Notes Payable 900,000 Accrued Interest Payable 95,000
Restructured Debt 744,000Gain on Debt Restructuring 251,000
Part C Restructured Debt 48,000 Cash 48,000
Exercise 10-6Realizable Value of all Assets $382,000
Inventories:43,000 Finished Goods (1) 47,51560,000 Work in Process (2) 84,15051,000 Raw Materials 18,00012,000 Investment in Stock 19,00010,000 Goodwill - 0 -
Total Net Realizable Value 227,165Liabilities having Priority – Accrued Wages 45,000Net Free Assets 182,165
Estimated Deficiency to Unsecured Creditors 150,335$858,500 $332,500
* $60,000 - $2,500 = $57,500.
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Problem 10-3 (continued)
Book Value Equities
Unsecured
Liabilities Having Priority: $ 45,000 Accrued Wages $ 45,000
$ 170,025 $ 54,225* $4,500 + $78,000 + $75,750 - $14,850 - $143,175 + $43,500(1) To adjust inventory and set up cost of goods sold.(2) To eliminate reciprocal accounts.
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Problem 10-6PLUM COMPANY
P. Smith, TrusteeRealization and Liquidation Account
June 1, 2009 to October 31, 2009
Assets to be Realized Assets Realized Accounts Receivable (old) $15,000 Accounts Receivable (old) $ 11,250 Less: Allowance for Uncollectibles 3,750 $ 11,250 Accounts Receivable (new) 64,500 Inventory 142,650 Property and Equipment $90,600 Plant and Equipment 90,600 Less: Accumulated Depreciation 42,075 48,525 Less: Accumulated Depreciation 36,825 53,775
Assets Not Realized Accounts Receivable (new) 10,500
Supplementary Charges Supplementary Credits Operating Expenses 11,850 Sales 153,000 Trustee Expense 3,000 Loss on Sale of Equipment * 5,025 Liabilities to be Liquidated
Accounts Payable 143,175Liabilities Liquidated Accounts Payable 143,175 Net Loss 17,025