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Composition with Creditors -- Debtor to Form Corporation with Pledge of Capital Stock for Creditors

State:
Multi-State
Control #:
US-0938BG
Format:
Word; 
Rich Text
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Description

A composition agreement is an agreement made between an embarrassed or insolvent debtor and two or more of his creditors that each of the creditors entering into the agreement will be paid a specified amount, less than the whole of their claims, and the creditors agree to accept such payment in full satisfaction of their claims. The agreement works substantially an accord for which the consideration is the satisfaction to be made by the debtor, and such an accord is no bar to suit on the original debt, unless the satisfaction is performed. Composition with Creditors -- Debtor to Form Corporation with Pledge of Capital Stock for Creditors is a method of debt restructuring in which a debtor agrees to form a separate legal entity, commonly referred to as a “Composition Corporation”, and pledges a portion of the company’s future profits to its creditors in exchange for a reduction in the amount owed. The Composition Corporation is typically managed by a board of directors appointed by the creditors and is responsible for distributing the profits to the creditors. This method of debt restructuring can be used to help a debtor get out of a difficult financial situation and help creditors get some of their money back. There are two main types of Composition with Creditors -- Debtor to Form Corporation with Pledge of Capital Stock for Creditors: a Voluntary Composition and a Compulsory Composition. A Voluntary Composition is an agreement between a debtor and its creditors that is made without court involvement. A Compulsory Composition is a court-ordered arrangement that is made following a court hearing in which a judge approves the terms of the Composition Corporation.

Composition with Creditors -- Debtor to Form Corporation with Pledge of Capital Stock for Creditors is a method of debt restructuring in which a debtor agrees to form a separate legal entity, commonly referred to as a “Composition Corporation”, and pledges a portion of the company’s future profits to its creditors in exchange for a reduction in the amount owed. The Composition Corporation is typically managed by a board of directors appointed by the creditors and is responsible for distributing the profits to the creditors. This method of debt restructuring can be used to help a debtor get out of a difficult financial situation and help creditors get some of their money back. There are two main types of Composition with Creditors -- Debtor to Form Corporation with Pledge of Capital Stock for Creditors: a Voluntary Composition and a Compulsory Composition. A Voluntary Composition is an agreement between a debtor and its creditors that is made without court involvement. A Compulsory Composition is a court-ordered arrangement that is made following a court hearing in which a judge approves the terms of the Composition Corporation.

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Composition with Creditors -- Debtor to Form Corporation with Pledge of Capital Stock for Creditors