Template:Insolvency v bankruptcy capsule: Difference between revisions

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“[[Insolvency]]” is an oddly nebulous financial status — essentially that one cannot meet one’s debts as they fall due ([[cashflow insolvency|''cashflow'' insolvency]]), ''or'' one’s liabilities exceed one’s assets ([[Balance sheet insolvency|''balance-sheet'' insolvency]]) — while “bankruptcy” is a ''legal'' one: formal steps have been taken to administrate a legal entity or wind it up.  
“[[Insolvency]]” is an oddly nebulous ''financial'' state — essentially that one cannot meet one’s debts as they fall due ([[cashflow insolvency|''cashflow'' insolvency]]), ''or'' one’s liabilities exceed one’s assets ([[Balance sheet insolvency|''balance-sheet'' insolvency]]) — while “bankruptcy” is a more determinate ''legal'' one: formal steps have been taken to administrate a legal entity or wind it up — usually ''owing'' to its insolvency.  


An insolvent entity may file for bankruptcy or its creditors may petition for it. But it need not.<ref>Indeed, it is not unheard of for a solvent entity to file for a “strategic bankruptcy”. But let us not get distracted.</ref> Technically insolvent entities can limp around indefinitely without entering formal bankruptcy.  [[GameStop]] was arguably insolvent for much of 2019, and look at ''that'' [[unicorn]] now.  
An insolvent entity may file for bankruptcy or its creditors may petition for it. But it need not.Technically, insolvent entities can limp around indefinitely without entering formal bankruptcy.  [[GameStop]] was arguably insolvent for much of 2019, and look at ''that'' [[unicorn]] now. Insolvency is usually, but not ''necessarily'',<ref>Nothing’s easy, is it? It is not unheard of for a solvent entity to file for a “strategic bankruptcy”. But let us not get distracted.</ref> a precondition for bankruptcy.


The water is further muddied because notable contracts such as the {{isdama}} ''conflate'' insolvency and bankruptcy: its definition of “{{isdaprov|Bankruptcy}}” includes measures of formal legal bankruptcy,<ref>You really want to do this? Okay: Section {{isdaprov|5(a)(vii)}} limbs (1) (''Dissolution''), (4) (''Institution of bankruptcy proceedings''), (5) (''Winding-up resolution''), (6) (''Appointment of administrator'') and parts of (8) (''Analogous events'')</ref> measures of financial insolvency<ref>Section {{isdaprov|5(a)(vii)}} limbs (2)(''Cashflow insolvency'' and arguably ''balance sheet insolvency'' too) (3) (''Composition with creditors'') </ref> and some that are a bit of both.<ref>Section {{isdaprov|5(a)(vii)}}(7) (''Enforcement of security'')</ref>
The water is further muddied because contracts, notably such as the {{isdama}}, ''conflate'' the concepts of insolvency and bankruptcy. {{icds}} defines “{{isdaprov|Bankruptcy}}” to include measures of formal legal bankruptcy,<ref>You really want to do this? Okay: Section {{isdaprov|5(a)(vii)}} limbs (1) (''Dissolution''), (4) (''Institution of bankruptcy proceedings''), (5) (''Winding-up resolution''), (6) (''Appointment of administrator'') and parts of (8) (''Analogous events'')</ref> ''and'' measures of financial insolvency<ref>Section {{isdaprov|5(a)(vii)}} limbs (2)(''Cashflow insolvency'' and arguably ''balance sheet insolvency'' too) (3) (''Composition with creditors'') </ref> and some that are a bit of both.<ref>Section {{isdaprov|5(a)(vii)}}(7) (''Enforcement of security'')</ref>


But, bottom line: ''[[insolvency]]'' is an accounting concept. ''[[Insolvency|Bankruptcy]]'' is a legal one.
But, bottom line: ''[[insolvency]]'' is an accounting concept. ''[[Insolvency|Bankruptcy]]'' is a legal one.

Revision as of 16:56, 12 September 2024

“Insolvency” is an oddly nebulous financial state — essentially that one cannot meet one’s debts as they fall due (cashflow insolvency), or one’s liabilities exceed one’s assets (balance-sheet insolvency) — while “bankruptcy” is a more determinate legal one: formal steps have been taken to administrate a legal entity or wind it up — usually owing to its insolvency.

An insolvent entity may file for bankruptcy or its creditors may petition for it. But it need not.Technically, insolvent entities can limp around indefinitely without entering formal bankruptcy. GameStop was arguably insolvent for much of 2019, and look at that unicorn now. Insolvency is usually, but not necessarily,[1] a precondition for bankruptcy.

The water is further muddied because contracts, notably such as the ISDA Master Agreement, conflate the concepts of insolvency and bankruptcy. ISDA’s crack drafting squad™ defines “Bankruptcy” to include measures of formal legal bankruptcy,[2] and measures of financial insolvency[3] and some that are a bit of both.[4]

But, bottom line: insolvency is an accounting concept. Bankruptcy is a legal one.

  1. ↑ Nothing’s easy, is it? It is not unheard of for a solvent entity to file for a “strategic bankruptcy”. But let us not get distracted.
  2. ↑ You really want to do this? Okay: Section 5(a)(vii) limbs (1) (Dissolution), (4) (Institution of bankruptcy proceedings), (5) (Winding-up resolution), (6) (Appointment of administrator) and parts of (8) (Analogous events)
  3. ↑ Section 5(a)(vii) limbs (2)(Cashflow insolvency and arguably balance sheet insolvency too) (3) (Composition with creditors)
  4. ↑ Section 5(a)(vii)(7) (Enforcement of security)
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