What are the different types of insolvency?
Insolvency is a legal term that is used to describe a state in which a business or individual is unable to pay their debts. When insolvency occurs, a business or individual can no longer meet their financial obligations on time. Insolvency can affect businesses or individuals of any size and within any sector, and come in two different types: insolvency in law and insolvency in fact. Insolvency in law is a legal process that is initiated when a creditor or creditors initiate a lawsuit to recover money owed to them by a debtor. This type of insolvency is declared by a court and requires a business or individual to cease operations and liquidate all assets. Once a ruling of insolvency in law is declared, the debtor is typically barred from taking any further action in their own name and are subject to the instructions of a court-appointed official. Insolvency in fact, also known as bankruptcy, is declared when a business or individual is unable to meet their financial obligations but have not been declared insolvent by a court. Under insolvency in fact, a business or individual can continue to operate their business as long as they can meet their obligations. This type of insolvency usually occurs when a business or individual is unable to pay their debts due to financial difficulties, such as lack of capital or lack of cash flow. When insolvency occurs in Delaware, both businesses and individuals can take advantage of debt relief programs. These programs allow them to reorganize their finances, restructure their debt, and provide them with legal advice and assistance. Furthermore, businesses can access other types of debt relief such as insolvency and bankruptcy proceedings, under which insolvent businesses and individuals can seek to reorganize and pay off their debts.
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