86 NATURE OF CAPITAL AND INCOME [Crar. V
be impossible; but as their debts for death claims are
for specific sums, they may be forced into liquidation, if
unable to obtain these sums by remitting dividends or by
assessments.
§ 13
When bankruptey occurs, the claims of creditors are
settled in one of three ways: through an agreement of
“composition,” by which the creditor agrees to take
what he can get and excuse the debtor for the differ-
ence; through an assignment by the debtor of his assets
to his creditors; or through foreclosure by the holder of
some obligation.
The final result of bankruptcy will be either liquidation,
by which the business assets are sold and distributed and
the business wound up; or reorganization, by which the
business is continued and the liabilities are entirely changed
in character. In the case of companies with large fixed
capital, as, for instance, railroads, reorganization is the
usual result, and the old bondholders often become the
stockholders, the old stockholders surrendering their rights
altogether. While this reorganization is being effected,
the affairs of the company are administered by a receiver
appointed by the bankruptey court. He calls in all the
stock and bonds, and issues temporary receiver’s certifi-
cates. These in turn are exchanged for the new securities
when ready. However, the bondholder seldom wishes to
assume his right of control and become a stockholder, and
is usually offered instead the option of cash or some new
security similar in kind to that which he- held before, but
less in amount. He is apt to accept ong of these alterna-
tives, realizing that to foreclose and take possession is
likely to be more troublesome, and, in the end, less advan-
tageous. Thus the losses of the old company are ‘written
off,” and the reorganized company starts afresh with a clean
set of books. The change is simply a change in the forms
of ownership of wealth and in the individual owners.