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5. Tundra Tots is being liquidated under Chapter 7 of the Bankruptcy Act. Its cu

ID: 2417449 • Letter: 5

Question

5. Tundra Tots is being liquidated under Chapter 7 of the Bankruptcy Act. Its current balance sheet is shown below. Fixed assets are sold for $25,000,000 and current assets are sold for $18,000,000. All fixed assets are pledged as collateral for all mortgage bonds. Subordinated debentures are subordinate only to notes payable. Trustee costs are $500,000. No employee is owed over $2,000.

a. How much will SHs receive?

b. How much will mortgage bondholders receive?

c. How much will priority creditors receive?

d. Identify the remaining general creditors. How much will each receive before subordination adjustment?

e. How much will each of the general creditors receive after subordination adjustment?

Sale of current assets 18,000,000 Sale of fixed assets     25,000,000 Trustee costs 500,000 Before Before Default Balance Sheet Default Current Assets 75,000,000 Accounts payable        15,000,000 Net fixed assets 50,000,000 Accrued taxes                10,000 Accrued wages              550,000 Notes payable           3,800,000 Total current liabilities        19,360,000 First-mortgage bonds        18,000,000 Second-mortgage bonds        20,000,000 Debentures        45,000,000 Subordinated debentures        14,000,000 Common stock           2,500,000 Retained earnings           6,140,000 Total assets 125,000,000 Total claims      125,000,000

Explanation / Answer

Federal bankruptcy laws govern how companies go out of business or recover from crippling debt. A bankrupt company, the "debtor," might use Chapter 11 of the Bankruptcy Code to "reorganize" its business and try to become profitable again. Management continues to run the day-to-day business operations but all significant business decisions must be approved by a bankruptcy court.

Under Chapter 7, the company stops all operations and goes completely out of business. A trustee is appointed to "liquidate" (sell) the company's assets and the money is used to pay off the debt, which may include debts to creditors and investors.

The investors who take the least risk are paid first. For example, secured creditors take less risk because the credit that they extend is usually backed by collateral, such as a mortgage or other assets of the company. They know they will get paid first if the company declares bankruptcy.

Bondholders have a greater potential for recovering their losses than stockholders, because bonds represent the debt of the company and the company has agreed to pay bondholders interest and to return their principal. Stockholders own the company, and take greater risk. They could make more money if the company does well, but they could lose money if the company does poorly. The owners are last in line to be repaid if the company fails. Bankruptcy laws determine the order of payment.

The following is the specified priority ranking of claimants to a company’s assets in the event of bankruptcy:

                                    In a liquidation, the assets are sold off and the available funds are then distributed. If they are distributed in strict accordance with the above priority rankings, then this is in accordance with absolute priority doctrine.

Liquidation Statement

Sale of Fixed Assets

         25,000,000

Sale of Current Assets

         18,000,000

Less:

Trustee Cost

               500,000

Funds Available for Settlement

         42,500,000

Debts of Orville are as follows:

Accrued wages

               550,000

Accrued Taxes

                 10,000

First Mortgage Bonds and

Second Mortgage Bonds

         25,000,000

Subordinated debentures

         14,000,000

Accounts Payable

           2,940,000

Total

         42,500,000

Liquidation Statement

Sale of Fixed Assets

         25,000,000

Sale of Current Assets

         18,000,000

Less:

Trustee Cost

               500,000

Funds Available for Settlement

         42,500,000

Debts of Orville are as follows:

Accrued wages

               550,000

Accrued Taxes

                 10,000

First Mortgage Bonds and

Second Mortgage Bonds

         25,000,000

Subordinated debentures

         14,000,000

Accounts Payable

           2,940,000

Total

         42,500,000

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