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The company needs to formally file for insolvency, typically through a court application. This is usually done by an insolvency practitioner on behalf of the company. Once the court approves the bankruptcy, the company's assets will be sold off to repay outstanding debts.
Generally speaking, insolvency refers to situations where a debtor cannot pay the debts they owe. For instance, a troubled company may become insolvent when it is unable to repay its creditors money owed on time, often leading to a bankruptcy filing.
When the employer is unable to meet the financial needs of the business and applies for sequestration or liquidation, depending on the type of entity, a trustee or liquidator (respectively) is appointed to take control of the financial affairs of the employer.
All you need to do is add up all of your debts?from any source?and subtract them from the value of your assets. If that number is negative, you were insolvent. Reporting insolvency is done by filing IRS using Form 982. There are other types of debt which will get you off the hook as far as a 1099-C is concerned.
The insolvency proceedings include administration, liquidation, receivership, and voluntary arrangement. Insolvency and bankruptcy are two different terms; the former can lead to the latter. An induvial or firm declares bankruptcy in a court of law by filing for it.