What legal procedure is used for liquidating a business that cannot pay its debts?

Prepare for the ETS Major Field Test Business Exam. Use comprehensive flashcards and multiple choice questions, each with detailed explanations. Ensure your success!

The correct choice is bankruptcy, which is a legal procedure designed specifically for individuals or businesses that are unable to repay their outstanding debts. When a business files for bankruptcy, it allows for the reorganization of its debts or liquidation of its assets under the supervision of a court. This process aims to provide relief to the debtor while also ensuring fair treatment of creditors.

During bankruptcy proceedings, different types can be pursued based on the situation, including Chapter 7 (liquidation) and Chapter 11 (reorganization) in the U.S. Each of these types offers distinct pathways for addressing the debts of a business that cannot pay what it owes.

While liquidation refers to the process of selling off assets to pay creditors, it is often a component of bankruptcy rather than a standalone legal procedure. Divestiture involves selling parts of a business to improve its financial standing or focus on core operations, and retrenchment is more related to reducing the scale or scope of operations as a response to financial difficulties, not a formal legal procedure for handling insolvency. Therefore, bankruptcy is the primary legal framework utilized for managing situations where a business cannot meet its financial obligations.

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