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What is Establishment (Bankruptcy)? A Comprehensive Legal Overview
Definition & Meaning
In the context of bankruptcy, the term "establishment" refers to any location where a debtor conducts ongoing economic activities that are not temporary. This can include offices, factories, or any other facilities where business operations take place. Understanding this definition is crucial for recognizing how bankruptcy laws apply to various business entities and their operations.
Table of content
Legal Use & context
The term "establishment" is commonly used in bankruptcy law, particularly in Chapter 15 of the Federal Bankruptcy Code, which deals with cross-border insolvency cases. This term is relevant in various legal contexts, including:
Bankruptcy filings
Cross-border insolvency proceedings
Determining jurisdiction for bankruptcy cases
Users may find it beneficial to utilize legal templates from US Legal Forms to navigate the complexities of bankruptcy filings effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A manufacturing company has a factory where it produces goods. This factory qualifies as an establishment under bankruptcy law because it is a location where the company conducts ongoing economic activities.
Example 2: A consulting firm operates from an office building where it provides services to clients. This office is also considered an establishment since it is not a temporary location for business operations.
Relevant laws & statutes
According to the Federal Bankruptcy Code, specifically 11 USCS § 1502, the definition of "establishment" is outlined in the context of bankruptcy proceedings. This statute provides the legal framework for understanding how establishments are treated in bankruptcy cases.
Comparison with related terms
Term
Definition
Differences
Business Location
A physical site where business activities occur.
Establishment specifically refers to ongoing, non-transitory operations, while business location may include temporary sites.
Debtor
An individual or entity that owes money.
Establishment refers to the place of operations of the debtor, not the debtor themselves.
Common misunderstandings
What to do if this term applies to you
If you believe the term "establishment" applies to your situation, consider the following steps:
Identify all locations where you conduct business operations.
Consult with a legal professional to understand how this may impact your bankruptcy case.
Explore US Legal Forms for templates that can assist you in filing bankruptcy documents.
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