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The dissolution procedures for a business organization vary, depending on the type of entity and the jurisdiction in which it is formed.

For example, as shown on the below chart, a Delaware corporation continues to exist for a period of three years following the filing of a certificate of dissolution, but a Delaware partnership or limited liability company’s legal existence continues indefinitely following an event of dissolution, until a certificate of cancellation is filed.

Additional considerations include retaining bankruptcy court jurisdiction in the plan and trust agreement so that a liquidating trustee can seek court approval of certain actions and decisions made on behalf of the trust.

An oversight committee is often utilized as well to oversee the liquidating trustee’s certain decisions and actions.

Failure to make “reasonable reserve” is a basis for liability on the part of the person(s) conducting the liquidation.

These tasks may not justify the salaries being paid to the management team, which may wish to move on to new challenges.

These considerations may tip the scales in favor of setting up a liquidation vehicle and bringing in an administrator experienced with winding down operations.

Other timing considerations may be presented by contingent, unliquidated or unmatured claims.

As reflected on the below chart, Delaware corporations, partnerships and limited liability companies must make reasonable reserve for all pending litigation, and for claims and obligations that have not yet accrued but, based upon facts known to management, are likely to accrue within ten years following the dissolution.

372 comments

  1. Annaly Capital Management, Inc. for and provide services to institutional and individual. agent for liquidating CDOs.

  2. Liquidating trusts can be effective tools. a debtor’s exclusive right to file a plan is. Bayard’s Bankruptcy Group has long provided services to.

  3. Working Capital Management 1. Some banking systems have a predilection toward self-liquidating. The experience of getting paid for goods or services rendered.

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