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Article: Involuntary bankruptcy: the last word on when the dispute is bona fide!(Selected Topic)
- Article from:
- Business Credit
- Article date:
- May 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Introduction
The filing of an involuntary bankruptcy petition is among the most powerful weapons in the creditor's arsenal to halt the recalcitrant debtor who will not--or cannot--make payment on account of outstanding invoices or judgments. If successful, it allows the appointment of a trustee to liquidate the debtor's assets and distribute the proceeds to creditors. It also allows creditors, through the trustee, to find out whether assets have been diverted and to recover the diverted assets for the benefit of all creditors.
However, as credit managers know, the use of any powerful legal weapon is rarely without its fair share of potential pitfalls. In ...
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