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How Are Assets Distributed During Liquidation?

Answer By law4u team

During liquidation under the Insolvency and Bankruptcy Code (IBC), the corporate debtor’s assets are converted into cash and distributed among various stakeholders. The distribution follows a strict legal hierarchy designed to ensure fair treatment of creditors and maximize value recovery.

Asset Distribution Process During Liquidation

Creation of Liquidation Estate:

Upon commencement of liquidation, all assets of the corporate debtor become part of the liquidation estate. The liquidator manages this estate.

Realization of Assets:

The liquidator sells the assets by auction, tender, or private sale, aiming to maximize proceeds.

Order of Priority for Distribution:

The IBC specifies a clear order for distributing proceeds from liquidation:

Liquidation Costs and Insolvency Resolution Process Costs:

Expenses related to the liquidation process and insolvency professional fees are paid first.

Secured Creditors:

Secured creditors are paid next from the proceeds of assets secured against their loans. They may enforce their security interest outside the liquidation if permitted.

Workmen’s Dues for 24 Months:

Wages and dues payable to employees (workmen) for the 24 months preceding liquidation are prioritized.

Unpaid Dues to Secured Creditors for 12 Months:

Any unpaid amounts to secured creditors related to services or supplies for 12 months before liquidation.

Financial Creditors:

Financial creditors without security interests are paid after secured creditors.

Operational Creditors:

Includes suppliers, service providers, and employees not covered under the workmen’s dues.

Government Dues:

Taxes, duties, and other statutory dues owed to government authorities.

Other Creditors:

Any remaining creditors and claimants.

Equity Shareholders:

If any surplus remains after all creditors are paid, it is distributed to equity shareholders.

Distribution According to Admitted Claims:

Only claims admitted by the liquidator after verification are eligible for distribution.

Proportional Distribution:

When funds are insufficient, payments are made on a pro-rata basis within each class of creditors.

Important Points:

  • The order of priority under the IBC protects secured creditors and workmen while ensuring operational creditors also receive due payment.
  • Liquidation costs have the highest priority to ensure smooth winding up.
  • Government dues are settled before unsecured creditors.
  • Equity shareholders receive payment only after all creditors are fully paid.

Example:

ABC Ltd. goes into liquidation with assets worth ₹10 crores and liabilities of ₹15 crores to various creditors. The liquidator first pays ₹50 lakhs towards liquidation costs. Secured creditors owed ₹6 crores receive payment from their secured assets. Workmen dues of ₹1 crore are then paid, followed by financial and operational creditors. Since assets are insufficient to cover all dues, operational creditors receive proportional payment. No amount remains for equity shareholders.

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