Dennis Edwards

Business Debt Restructuring Consultant

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Despite an economy that appears to be booming,

many small business owners have a very thin margin of error to work with. Lack of reserves, seasonal business, extreme weather unpredictable tariffs, shutdowns and the new, constantly shifting economy all threaten the vitality and future for many small business owners.

This is compounded by the fact that it is very difficult for most small business owners to obtain conventional financing. In fact only 20% of traditional business bank loans are approved for small business owners.

As a result, many small business owners have turned to alternative lending (often referred
to as FIN TECH) or financial technology. This is essentially online financing that is easily
accessible and easy to qualify for. There are some solid programs (factoring loans,
equipment financing, term loans) that have reasonable rates and terms but there are twice
as many predatory loans out there waiting to ensnare the business owner. I am talking
about Merchant Cash Advance loans, which are structured as a purchase of future
receivables in order to avoid the laws and regulations surrounding traditional lending.

This is easy to obtain financing, but it comes at a high risk, with astronomical interest rates
and a very high pay back (sometimes up to 150% or even 200%). To make matters worse,
most of these types of loan have daily withdrawals as part of the contracted payback (some
are weekly). This means that each and every day the small business owner’s bank account
is being drafted by the lender, regardless of business volume, extreme weather, off season
etc. As described before, there is very little margin for error with these types of loans
because a bad week or two can put a business owner into a tough position and in order to
keep the business running and meet payroll they dip into personal funds or take out
ANOTHER Merchant Cash Advance Loan. This can start a vicious cycle that puts small
business owners in an unsustainable position.

The finance “experts” and “gurus” will give business owners pie in the sky strategies to
reduce their business debt. 

For example:

 

MAKE MORE MONEY

Obviously, this is always a goal for all business owners, but often easier said than done,
especially if every dollar that is going in is going out.

TRY AND REDUCE EXPENDITURES

Unfortunately, many business owners we speak with have cut staff and payroll because
they are in such dire straits. If the business owner is not at that point yet, this is an obvious
fix if there is any room to lower the costs.

 

TRY TO WORK OUT REDUCED PAYMENTS WITH YOUR LENDERS

This can work in some cases. You likely will not have any luck with business credit card lenders if you ask them to reduce your payments. In a small percentage of cases, a Merchant Cash Advance lender will work with you TEMPORARILY to reduce payments but BEWARE—the second you change anything or do not adhere 100% to their contract you are technically considered in default and they can come after you (Confession of Judgment, UCC Lien, seizure of assets/bank account, redirection of credit card receipts etc.). It is a slippery slope for a small business owner to try and renegotiate terms directly with their MCA lender as the playing field is completely slanted against them.

MAKE A BUDGET AND STICK TO IT!

Once again, this is a mantra repeated by the self- help gurus, but they don’t always realize
what it is like to walk in the shoes of the over-extended business owner. Yes, this is a
common sense proposal and way to reduce your debt, but it is something that will only
work for business owners who identify the problem early and actually have the ability to
cut some corners to make it work.

 

BANKRUPTCY

Bankruptcy is an option of last resort for business owners. Chapter 7 can wipe out all
unsecured debt if you meet the means test, but BEWARE!!! Merchant Cash Advance Loans
do not always fall into this category and may not be dischargeable. Additionally, a
bankruptcy stays on your credit for 7 years and will make it difficult for you to open a
business in the future. Business owners also look at Chapter 13 or Chapter 11 to
reorganize their debt as well. If you are in desperate mode and it seems there is no way out
it would be worthwhile to at least contact a bankruptcy attorney to determine what options
are available.

DEBT RESTRUCTURING COMPANY

One of the best ways to reduce and restructure business debt is to hire a debt restructuring
company. The good ones will be accredited by the American Fair Credit Council and will
offer Attorney representation. A debt restructure will lead to a reduction in payments and
an increase in cash flow while ensuring that the lender still gets paid back—just with terms
that are more favorable to the business owner. This is a situation where both sides win. If
you are a small business owner struggling with business debt this is definitely an option
you should seriously consider as you determine the BEST way to reduce your business
debt.

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