What is the difference between a liquidation and an assignment in bankruptcy?
Jan Meriss Alfonso Assistant at Ascent Law LLC The main difference between liquidation and an assignment is that an assignment is quicker to complete than a liquidation. In contrast, a liquidation can take months or even years to complete. When assets are assigned in bankruptcy, they are transferred to the assignee and no longer owned by the debtor. Chapter 7 bankruptcy There are several differences between Chapter 7 bankruptcy and liquidation. While the procedure is similar, a liquidation will require the trustee to sell the debtor's nonexempt assets to maximize return to unsecured creditors. If the debtor is unable to sell these assets for the full nonexempt value, he or she can instead elect to file a Chapter 13 bankruptcy. The latter option will allow the debtor to keep the assets he or she has. In Chapter 7, the assets of the business are sold and the proceeds will go to the creditors. Often, business debtors would prefer not to file for liquidation. They may wish to conside...