What happens when a business files Chapter 7?
The filing of bankruptcy creates an automatic stay (discussed further above) which is comprehensive and bars virtually all creditor collection activity, including commencement and continuation of lawsuits and enforcement of judgments against the debtor’s assets. When a business files chapter 7 bankruptcy an interim trustee is appointed by the U.S. Trustee’s office to marshal and liquidate the debtor’s assets and distribute them to creditors. The interim trustee becomes the permanent trustee unless a different trustee is elected by creditors. The trustee has the ability to collect and pursue the receivables and claims (including legal claims and causes of action) of the debtor. In order to promote equality of treatment of similarly situated creditors, the Bankruptcy Code gives the trustee the ability to recover certain pre-bankruptcy transfers of the debtor as preferential or fraudulent transfers (discussed further above).
