Bankruptcy VS Insolvency: Few Key Differences

Posted on: Saturday, Dec 24, 2011

When a person is incapable of paying off debts over his head, situation is considered as insolvency. He is considered as an insolvent. Almost similar the situation is when it comes to Bankruptcy. People often get confused between the two terms and unknowingly use them in the wrong sense. Though there is just a small difference between these two still using them as synonym makes no sense.

Meaning of bankruptcy and insolvency

When it comes to bankruptcy its more than just a financial condition where liabilities are bigger than that of assets. It’s a situation where a business or an individual files for legal protection as it’s not capable of paying off some or all the debts even after liquidation of complete assets. Federal court after going through the details provided may offer you the status of a Bankrupt. The ultimate effects will be getting free from the debts you were unable to pay. Discharging from all the liabilities is offered for a certain extent of time. Business looking forward to acquire the status will have to make an application regarding Chapter 7 Bankruptcy. All the bankrupts are considered as insolvent. Now when it comes to insolvency its more of a financial condition where an individual or business is unable to make payment of debts because of assets being lesser than that of liabilities. Such situation is quite miserable and immediate steps are required to make sure the condition does not get worst. Best thing to do in such situation is trying creating funds. Insolvency though is not considered as severe as the former one since there several ways of overcoming the problem. More often or not people opt for alternatives available of bankruptcy.

Differentiating bankruptcy and insolvency

Though interchangeable use of both the terms is quite common but knowing the difference between them is important. When it comes to bankruptcy it’s used for individuals while insolvency is the term used for all the financial entities. As a similarity both the condition arises when assets cannot meet the payment of liabilities. One of the biggest differences between two terms is of scope. A bankrupt will always be considered as an insolvent but that is not the case with insolvency. Even after being declared insolvent it’s not compulsory for a business to get the status of bankrupt. Bankruptcy is one way of getting over the financial complexities arising from insolvency.