Through an Assignment, the insolvent company’s assets can be sold quickly and efficiently, and the liquidation proceeds can be distributed to creditors shortly thereafter.
In Illinois, an Assignment is simply a contract whereby the troubled entity (Assignor)transfers legal and equitable title, as well as custody and control of its property, to a third party (Assignee) in trust, to apply the proceeds of the liquidation of the assets to the Assignor’s creditors in accord with priorities established by law. Unlike a Chapter 7 however, an Assignee can more easily elect to keep the business operating while he tries to sell the company as a going concern.
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