Page 153 - Bankruptcy Volume 1
P. 153

Appendix D



        Effects of Substantive Consolidation on Payments to Creditors: An Illustration


               To illustrate the effects of a substantive consolidation, consider the following two hypothetical compa-
               nies, Parent A and Subsidiary B. The estimated market values (not book values) of the assets and liabili-
               ties of the two companies are as follows.

                                                          Parent A



                 Assets
                 Cash                                                                                 $ 1,500

                    Accounts receivable                                                              175,000
                    Real estate                                                                     1,400,000
                    Property, plant, and equipment                                                   450,000
                    Patents and trademarks                                                           100,000

                        Total assets                                                              $ 2,126,500



                 Liabilities
                    Intercompany claim (Subsidiary B)                                               $ 174,000
                    Accounts payable                                                                 800,000
                    Notes payable on real estate                                                    1,500,000
                    Unsecured line of credit                                                         450,000

                    Contingent claim                                                                1,700,000
                        Total liabilities                                                         $ 4,624,000


               Assuming minimal administrative expenses, the estimated return to unsecured creditors for Parent A is
               approximately 22.5%.



                 Total assets                                                                     $ 2,126,500

                 Less: secured asset (real estate)*                                               (1,400,000)
                 Assets available for distribution                                                  $ 726,500

                 Total liabilities                                                                $ 4,624,000
                 Less: secured liabilities to amount of real estate value                         (1,400,000)

                 Unsecured debt                                                                   $ 3,224,000





                               © 2020 Association of International Certified Professional Accountants            151
   148   149   150   151   152   153   154   155   156   157   158