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Therefore, bankruptcy becomes the other option to deal with the liability to Crossroads. The issue of subordination should be dealt with before bankruptcy proceedings are undertaken, to best protect the Thompsons. At that point, the courts can sort out the extent to which Dragonfly will honor its liability to Crossroads. The downside of bankruptcy is that the Thompsons are major creditors to Dragonfly as well, and the bankruptcy could jeopardize their net worth if they are unable to convince Janet's parents to write off the Thompson's obligations to them. Bankruptcy, however, is lever that can be used against Crossroads, since the mall cannot unilaterally impose bankruptcy on Dragonfly and would ideally like to receive the monies owed.
Turning Dragonfly around is possible, if they are able to maintain solvency while getting...
The Thompsons had gambled that Crossroads would attract Dragonfly's target market and that does not appear to have come to pass. This means that much of the business Dragonfly did generate was destination business - people who came their to shop at Dragonfly. The Thompson's have a large mailing list that can be used to attract these customers to the Bellevue location or a third location. Given that Dragonfly is no longer marking down merchandise to move it, they may be able to be sufficiently profitable with other locations to pay down the $20,000 payment. The best course of action if Crossroads would agree to it is to borrow the money to make the payment and exit the Crossroads mall early. This way, Dragonfly should be able to turn their business around, without the anchor that is their poor original location.
Dragonfly's rent liability at Crossroads can be addressed in one of two ways. The best option is to negotiate an early exit from the lease. This would get Dragonfly out of the struggling mall and allow them to put more focus on the Bellevue location and possibly open another store elsewhere. The deal would allow them to pay Crossroads from their more profitable operations without incurring further liability. Despite the fact that the Thompson's feel 1997 was a successful year, they were not able to make any headway on their liability to Crossroads. However, given that Crossroads is about to lose 1/6 of their tenant base, they may be unwilling to make such a deal with 1 1/4 years still remaining on the lease.
Therefore, bankruptcy becomes the other option to deal with the liability to Crossroads. The issue of subordination should be dealt with before bankruptcy proceedings are undertaken, to best protect the Thompsons. At that point, the courts can sort out the extent to which Dragonfly will honor its liability to Crossroads. The downside of bankruptcy is that the Thompsons are major creditors to Dragonfly as well, and the bankruptcy could jeopardize their net worth if they are unable to convince Janet's parents to write off the Thompson's obligations to them. Bankruptcy, however, is lever that can be used against Crossroads, since the mall cannot unilaterally impose bankruptcy on Dragonfly and would ideally like to receive the monies owed.
Turning Dragonfly around is possible, if they are able to maintain solvency while getting out of the Crossroads lease. The Thompsons had gambled that Crossroads would attract Dragonfly's target market and that does not appear to have come to pass. This means that much of the business Dragonfly did generate was destination business - people who came their to shop at Dragonfly. The Thompson's have a large mailing list that can be used to attract these customers to the Bellevue location or a third location. Given that Dragonfly is no longer marking down merchandise to move it, they may be able to be sufficiently profitable with other locations to pay down the $20,000 payment. The best course of action if Crossroads would agree to it is to borrow the money to make the payment and exit the Crossroads mall early. This way, Dragonfly should be able to turn their business around, without the anchor that is their poor original location.
Bankruptcy Reform Act of 2005 and Explaining Why Congress Instituted This Act When an individual or a firm comes to a financial situation where its assets are unable to cover the debt or liabilities and there is no capital or asset that can be liquidated to pay the debt the firm or person becomes insolvent. Formerly there were prison sentences for debtors, but the laws from the medieval periods have been
It provided for fast proceedings, encouraged debtors to reschedule their obligations rather than liquidate and helped creditors recover their claims against bankrupt estates. The 1994 Act also created the National Bankruptcy Commission, charged with investigating further modifications of the bankruptcy law. Latter laws, however, disregarded many of the Commission's recommendations. In April 2005, President George W. Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Many
The same officials that controlled the municipality prior to the filing continue to run it, and the bankruptcy court has no authority to intervene or to deviate from their authority. Note that since the bankruptcy process changes nothing in the locality's political structure. Therefore, the incentives that promoted local spending and caused the bankruptcy to begin with, remain in force. This explains why municipalities that file for Chapter 9 tend
Similarly, establishing payment plans with vendors may help reduce monthly costs and free up extra cash. The benefit of such restructuring is that it would allow the company to avoid the highly invasive Chapter 11 process, where there is a loss of control as creditors and a court get to weigh in on company operations. The downside of debt restructuring is that Interstate would still have to pay its
Bankruptcy of WomenFirst Health Care, Inc. Women First HealthCare, Inc. entered the American business scene in 1996 and its declared mission was to "to help midlife women make informed choices regarding their health care and to provide pharmaceutical products" and, additionally, to provide specific pharmaceutical products to meet the needs of women over forty years. In this sense, the company developed several products, including hormone treatments, meant to improve the life
Bankruptcy may occur when people or businesses that are financially-distressed may have their debt eliminated in part or altogether. The number of bankruptcy filings for the fiscal year ending March 31, 2003 was ~1.6 million in the United States alone (Levy and LaGana). Common types of bankruptcy include filing Chapter 7, 11, 12, or 13. Chapter 7 is the most common type of bankruptcy and may be used by people