Bankruptcy Trustee Surety Bonds
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✔ All related bonds
EXCELLENCE IN BONDING
Trustees and bankruptcy attorneys know International Sureties for our blanket bond program as well as Receiver, Depository, and all related fiduciary bonds. The Bankruptcy Department sets the industry standard for its knowledge, experience, and pricing.
Why do so many Trustees use International Sureties?
Access to major surety markets allows us to offer the lowest premium rates in the country. We are confident that our premiums can help to reduce administrative costs for estates under your control. In most instances, we are able to beat the competition’s premium.
For assistance with Bankruptcy Bonds, please contact one of our Bankruptcy Bond specialists:
Chapter 7 Bankruptcy
Typically individuals, but in some cases, businesses file Chapter 7 bankruptcy. The purpose of chapter 7 is primarily to liquidate assets into cash to pay off their debt to creditors.
Chapter 11 Bankruptcy
Businesses usually file Chapter 11 bankruptcy so that they are able to continue operating while reorganizing to reemerge as a profitable entity. In rare cases individuals are allowed to file Chapter 11 bankruptcy as well.
Chapter 12 Bankruptcy
This bankruptcy filing is available to family farms and fisheries that are unable to pay their debt. This provides protection from creditors taking action against their livelihood while they are in the process of satisfying their obligations.
Chapter 13 Bankruptcy
This bankruptcy filing allows for individuals to reorganize their debt enabling them to pay creditors some or all of what they owe. A Chapter 13 Trustee will be appointed to develop and administer a repayment plan. Some of the fiduciary responsibilities of the trustee include reviewing and verifying the financial information that the debtor provides, conducting meetings of the creditors and distributing funds to creditors.
Subchapter V Surety Bond
The legislative purpose of the SBRA was to provide a fast track for small businesses to confirm a consensual plan with the assistance of a private subchapter V trustee. Before beginning official duties, a person selected to serve as a trustee must file with the Court a bond within six days after selection. The initial amount and sufficiency of the bond is determined by the UST. 11 U.S.C. § 322. In general, among the most important subchapter V trustee duties are assessing the financial viability of the small business debtor, facilitating a consensual plan of reorganization, and helping ensure that the debtor files or submits complete and accurate financial reports.
Depository Surety Bond
Financial institutions generally request depository surety bonds. This bond protects account holder funds that exceed the limit of FDIC insurance. In lieu of the financial institution pledging Treasury issued securities as collateral for their exposure, they can post a Depository bond. This allows the financial institution to free up capital for other business purposes.
Receiver Surety Bond
A Receiver is an officer appointed by the Court who is given custody of specified assets with direction to liquidate them and distribute the proceeds. A Court order is typically required to appoint a Receiver, and the terms of the order describe the Receiver’s duties and powers. Receiverships can be broadly divided into two types:
- Those related to insolvency or enforcement of a security interest.
- A person is incapable of managing their affairs and so the court appoints a receiver to manage the property on their behalf—for example a receiver appointed by a Court of Protection under mental health legislation (in some jurisdictions, called conservatorship).
Assignee Surety Bond
An Assignment for the benefit of creditors is a process initiated by a distressed entity (assignor) entering an agreement with the party which will be responsible for conducting the wind-down and/or liquidation or going concern sale (assignee) in a fiduciary capacity for the benefit of the assignor’s creditors. The assignment agreement is a contract under which the assignor transfers all of its right, title, interest in, and custody and control of its property to the third-party assignee in trust. The assignee liquidates the property and distributes the proceeds to the assignor’s creditors.
In some Chapter 11 bankruptcy cases an Examiner is appointed by the court for the benefit of creditors and equity security holders. An Examiner generally does not take control of the operations of the entity, but acts as an investigator of the pre-petition events of the debtor. Typically an Examiner is not appointed unless there is an issue with fraud or mismanagement. The Examiner will review the conduct of the business in order to assist in determining if reorganization is viable. The duties of an Examiner are dictated by the court with a wide range of possibilities. The court adapts the duties of the Examiner to accommodate each individual case and will issue an order outlining the specifics. The Examiner will then carry out these duties and report back to the court.
Post Confirmation Surety Bond
Once a Chapter 11 plan is confirmed, a standard trustee bond is usually no longer required. If the judge approves the reorganization plan and the creditors all agree, then the plan can be confirmed. Upon confirmation, the plan becomes binding and identifies the treatment of debts and operations of the business for the duration of the plan. There are numerous titles for post – confirmation fiduciaries. Below are some examples of fiduciaries in post confirmation cases:
Liquidating Trustee Bond
After confirmation and appointment, the liquidation trustee then serves as the liquidation trust’s representative and is responsible for complying with the trust agreement (and confirmation order), liquidating the assets and making distributions to trust beneficiaries.
Plan Agent Surety Bond
When a Plan agent is appointed, they are responsible for the obligations outlined by the confirmed plan.
Disbursing Agent Bond
A Disbursing Agent may be appointed to serve under the Trust Agreement, may perform the obligations of the Trust under the Plan, the Confirmation Order, and the Trust Agreement with respect to all Distributions to Trust Beneficiaries, which include, without limitation, the Distribution of Trust Beneficial Interests and Distributions of Cash payments, and the creation and funding of the Reserve for Disputed Claims.
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