Equitable Transition

444 West Ocean Boulevard,
Suite 1400
Long Beach, CA 90802
Phone: 562-435-0800
Fax: 562-435-6335


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Receiverships to Maintain Marital Dissolution

13. Can you explain to me how the assets of the business can be transferred through a General Assignment to another company?

  • The Assignor transfers the assets to the Assignee (Equitable Transitions) free of all unsecured claims
  • The unsecured creditors have contractual relationships with the Assignor, but have no contractual or legal rights against the Assignee unless they file a claim
  • The Assignee is now free to transfer the assets to a third-party provided there
  1. Is an arm's-length negotiation;
  2. The assets are sold for fair value under the circumstances; and
  3. The Assignee has exercised reasonable business judgment in conducting the sale
  • The third party purchaser receives title to the assets free of the unsecured creditor claims
  • Unsecured creditors are entitled to participate in the distribution of the proceeds of the sale provided they have first filed a proof of claim, and the time has expired for claim submission