Law4u - Made in India

How Are Assets Distributed During Liquidation?

Answer By law4u team

During liquidation under the Insolvency and Bankruptcy Code (IBC), the corporate debtor’s assets are converted into cash and distributed among various stakeholders. The distribution follows a strict legal hierarchy designed to ensure fair treatment of creditors and maximize value recovery.

Asset Distribution Process During Liquidation

Creation of Liquidation Estate:

Upon commencement of liquidation, all assets of the corporate debtor become part of the liquidation estate. The liquidator manages this estate.

Realization of Assets:

The liquidator sells the assets by auction, tender, or private sale, aiming to maximize proceeds.

Order of Priority for Distribution:

The IBC specifies a clear order for distributing proceeds from liquidation:

Liquidation Costs and Insolvency Resolution Process Costs:

Expenses related to the liquidation process and insolvency professional fees are paid first.

Secured Creditors:

Secured creditors are paid next from the proceeds of assets secured against their loans. They may enforce their security interest outside the liquidation if permitted.

Workmen’s Dues for 24 Months:

Wages and dues payable to employees (workmen) for the 24 months preceding liquidation are prioritized.

Unpaid Dues to Secured Creditors for 12 Months:

Any unpaid amounts to secured creditors related to services or supplies for 12 months before liquidation.

Financial Creditors:

Financial creditors without security interests are paid after secured creditors.

Operational Creditors:

Includes suppliers, service providers, and employees not covered under the workmen’s dues.

Government Dues:

Taxes, duties, and other statutory dues owed to government authorities.

Other Creditors:

Any remaining creditors and claimants.

Equity Shareholders:

If any surplus remains after all creditors are paid, it is distributed to equity shareholders.

Distribution According to Admitted Claims:

Only claims admitted by the liquidator after verification are eligible for distribution.

Proportional Distribution:

When funds are insufficient, payments are made on a pro-rata basis within each class of creditors.

Important Points:

  • The order of priority under the IBC protects secured creditors and workmen while ensuring operational creditors also receive due payment.
  • Liquidation costs have the highest priority to ensure smooth winding up.
  • Government dues are settled before unsecured creditors.
  • Equity shareholders receive payment only after all creditors are fully paid.

Example:

ABC Ltd. goes into liquidation with assets worth ₹10 crores and liabilities of ₹15 crores to various creditors. The liquidator first pays ₹50 lakhs towards liquidation costs. Secured creditors owed ₹6 crores receive payment from their secured assets. Workmen dues of ₹1 crore are then paid, followed by financial and operational creditors. Since assets are insufficient to cover all dues, operational creditors receive proportional payment. No amount remains for equity shareholders.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Tusharsinh M Chavda

Advocate Tusharsinh M Chavda

Anticipatory Bail, Civil, Banking & Finance, Consumer Court, Criminal, Insurance, Labour & Service, Motor Accident, Property, R.T.I, Revenue

Get Advice
Advocate T A Kasim

Advocate T A Kasim

Customs & Central Excise, Cyber Crime, Documentation, High Court, Immigration, International Law, Landlord & Tenant, Property, Trademark & Copyright

Get Advice
Advocate Kapil Kant

Advocate Kapil Kant

Civil, Family, Immigration, Tax, Revenue, Cheque Bounce, Documentation, Property

Get Advice
Advocate Rizwan Ahmad Poonawala

Advocate Rizwan Ahmad Poonawala

Arbitration, Banking & Finance, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, GST, Domestic Violence, Muslim Law, Property, Tax

Get Advice
Advocate Dharnidhar Pandey

Advocate Dharnidhar Pandey

Civil, Criminal, Family, High Court, Property

Get Advice
Advocate Madduri Ravindra Kumar

Advocate Madduri Ravindra Kumar

Anticipatory Bail, Arbitration, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Succession Certificate, Civil, High Court, Revenue

Get Advice
Advocate Nunu Gaurav

Advocate Nunu Gaurav

Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Aakash Kumar Mishra

Advocate Aakash Kumar Mishra

Anticipatory Bail, Bankruptcy & Insolvency, Cheque Bounce, Child Custody, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Labour & Service, Motor Accident, Property, Recovery, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Civil, Court Marriage, Corporate, Customs & Central Excise, Cyber Crime, Documentation, High Court, Immigration, Insurance, International Law, Landlord & Tenant, Media and Entertainment, Medical Negligence, NCLT, Patent, Startup, RERA, Supreme Court, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue, R.T.I

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.