Bankruptcy

December 17, 2021 By Joanne Bella

5 Ways Small Businesses Can Recoup Pandemic Losses

The COVID-19 pandemic has had huge impacts on businesses big and small. According to research conducted by Yelp, 60% of businesses have permanently closed as a result of the global pandemic, and more are still struggling to recover.

It can be hard for a business to pick itself back up after huge losses, but it’s not impossible. Here are five ways small businesses can recoup pandemic losses.

1. Review your business plan

Your business plan may have been designed to suit the conditions before the pandemic began, but we live in a different environment now. A review and revision of your business plan may be necessary.

For example, if you own a restaurant and have never had an online presence, you should consider setting aside funds for building a website that can take orders and offer delivery. This, and many other simple modifications, could ensure the continuity of your income despite the pandemic, thus helping your business recover sooner from its losses.

2. Evaluate your financial losses

Research has found that cash flow was the biggest problem for small and micro-enterprises during the pandemic. Proper cash flow management and assessment is key to mapping a recovery plan.

You can start with a detailed study of your cash flow — profit and losses — including records of all transactions, purchases, returns, inventory, rent, salaries, and so on. This will help you keep your eye on the goal to recovery, manage your finances carefully to make up for lost revenue and spend reserves wisely.

3. Hire freelance finance professionals

Many business owners might be hesitant about the cost of hiring professional accountants to help them sort out their finances. However, this is one case where the costs are worth it — and in fact, might not even be too expensive. Antenna founder Brendon Schrader notes that hiring a freelancer allows a small business to find targeted and better qualified talent to address their needs at a much lower rate.

Universities offer courses on finance and business administration online, and this has allowed more people to get the necessary training and qualifications to practice freelance accounting. With proper accounting, this will help you assess how to recover from your losses more accurately.

4. Plan your business expenses in advance

Small business owners need to plan in advance where limited funds will go next and how much can be allocated for certain business needs. Distribute a portion of the funds to go back into the business for capital expenditures, costs to restock inventory, expenses for planned maintenance, salaries, and maybe even funds toward an emergency reserve account for sustaining business operation — just in case another coronavirus variant develops. Planning expenses in advance can help you predict how soon you should be able to regain lost income, and whether full recovery is possible.

5. File for bankruptcy

Bankruptcy isn’t the only method to fix debt, but if you owe a lot of creditors, it’s often the most expedient way. As extreme as it sounds, bankruptcy offers a few benefits to belabored business owners. It can help your credit score go up, and the consolidation of debt can also be helpful. However, declaring bankruptcy and opting for consolidation isn’t a magic bullet, and can come with its own challenges. You can schedule an appointment and consult with us before opting for this route, and we’ll help you determine whether filing for bankruptcy is the best course of action for your business.

Everything in this life comes in cycles. With the worst of the pandemic behind us, it’s high time businesses started thinking about ways forward. The world has started to adapt to the new normal, and with careful work and recovery planning your business may be able to do the same.

Post solely for the use of jenleelaw.com

By Joanne Bella

This is just a basic overview and is not legal advice specific to your situation. If you have questions about your rights when it comes to debt and credit, you should speak with an attorney in your area for legal advice. If you live in California or North Dakota and would like to speak with Jen Lee Law regarding your situation, please schedule an appointment.

October 5, 2021 By Jen Lee

And the lesson is…

And the lesson is…don’t take financial advice from a fashion magazine?

If you have followed me at all, you may notice that I tend to read a lot and like to write or do videos about the bad information I find on the internet. So, here we go.

An article titled, “6 Important Things to Consider Before Filing for Bankruptcy” sounds like it would be right up my alley. Let’s take a look.

#1 – It Affects Your Credit.

Great. That statement is true. However, the explanation that followed got it wrong. The article states that it will affect your credit negatively and will be “significant and swift.” If you already have bad credit, filing bankruptcy makes your score go up. Read that again.

It gets worse. The article then says you are “required by future employers to know of your bankruptcy status.” First of all, that statement doesn’t even make sense. Second, it totally depends on the state you are in, the application, and the type of job you are applying for at the time. Finally, most employers prefer that you not have overwhelming debt distracting you from your job. In fact, qualifying for a job based on credit is often resolved through a bankruptcy filing because now the problem debts have been handled.

#3 (but actually #2) – Different Types of Bankruptcy.

Starts out ok. There are two main types of bankruptcy for consumers, Chapter 7 and Chapter 13. Then, it goes downhill fast. “You will need to sell off non-exempt assets, though, to pay off your debtors.” Where should I start?

First, you don’t sell off non-exempt assets. A Chapter 7 Trustee is assigned to your case when you file and they are the ones who would be responsible for selling non-exempt assets.

Second, YOU are the debtor. You are attempting to deal with your creditors. So, selling your non-exempt assets to pay your debtors makes absolutely no sense. The person who files bankruptcy is a debtor, the people and companies you owe money to are creditors.

Third, most Chapter 7 cases do not involve the sale of assets. An attorney can advise you on assets that may be at risk and often, a different chapter of bankruptcy is selected if there are assets you want to protect from sale.

#3 (the second #3 on the list) – Not All Debts Will Be Wiped Out.

True statement, but the rest is wrong. Yes, child support is not discharged in bankruptcy. However, taxes are often discharged in bankruptcy. Student loans are an interesting area because some can be discharged, but a lot cannot be at this time.

The second paragraph talks about creditors being able to challenge the debt you are discharging and that the court can rule in their favor so that the debt is not discharged. This is extremely rare and it’s usually when some sort of fraud or intentional misrepresentation is involved. This is not your average credit card debt that most people discharge in a Chapter 7.

#4 – It Isn’t a Quick Fix.

Not sure anyone thinks bankruptcy is a quick fix, but it’s often the most efficient fix. This section also talks again about losing assets. Luckily, it does say to talk to a lawyer to make the right decision, which is excellent advice.

#5 – Your Income Matters.

Hmmm. Yes, your income matters when determining if you are able to come up with a plan to pay off debt, whether that’s in bankruptcy or not. Your income matters if you are trying to qualify for Chapter 7 and have consumer debts. Your income comes into play in a Chapter 13 when we determine how much you have to pay towards debt. But the last sentence, “The more you make, the better off you will be in bankruptcy…” is wrong. Timing of the bankruptcy filing when you have lower income can help qualify for Chapter 7 or have a lower payment in Chapter 13. Talk to a lawyer, please.

#6 – There Are Other Ways.

Of course there are. But, which way is best for you and your goals? Because negotiating with 10 creditors and keeping track of 10 payment plans may be more stress than it is worth. Consolidation can also be helpful, but can also negatively affect your credit score. There are also a lot of companies out there willing to take a lot of your money to put you in a debt settlement program, which is actually worse on your credit than bankruptcy. But, no one tells you about that feature.

I promise to get off my soapbox now. Here’s the link to the article.

October 29, 2020 By Leo Spanos

When Should I Consult an Attorney about my Debts?

Living on credit is a day-to-day reality for millions of Americans.

Consumer debt in the United States totals $14.1 trillion — that’s $14,100,000, 000,000 – with the average person owing over $90,000 (according to Experian’s 2019 Consumer Debt Study). This includes credit cards, consumer loans, secured loans on personal property (electronics, furniture, jewelry, etc.), car loans, mortgages, and student loans. Given that many people are living paycheck-to-paycheck and the job insecurity caused by the global pandemic, it may be reasonable to consult an attorney about financial stress and debt management options. This may be the case even if you have a six figure income and have never missed a payment; it is better to consult an attorney early (and know your options) than to wait until your back is against the wall.

But when is that point? Factors to consider, regardless of income, are –

Are you making minimum monthly payments?
Are most of your debts credits cards with high interest rates?
How much do you owe in relation to your monthly income?
Are you behind on your mortgage or rent?
Do you have debts in collection?
Do you have money left over to save for retirement?
Are you on installment plans for medical bills or tax debt?

You might improve your situation through stricter budgeting, debt consolidation, or negotiating settlements with your creditors. This is not always feasible depending on the size of the debts, the interest rates, and income. If you are making the minimum monthly payments on high interest credit cards with large balances and are not saving for retirement, bankruptcy might be your best option. For non-business debts, there are two types of bankruptcy, Chapter 7 liquidation and Chapter 13 reorganization. The main difference is whether you are trying to protect assets (e.g., house, car, etc.) from creditor repossession/foreclosure or you just want to get rid of your debts and get a “fresh start.” Your credit score is likely to increase after a bankruptcy because you are less of a risk to potential lenders. You can also qualify for a mortgage within 12 months of a bankruptcy. An experienced attorney can evaluate your situation and tailor a strategy to meet your needs.

September 22, 2020 By Leo Spanos

New Homestead Exemption Will Have Significant Impact On Bankruptcy Practice In California

With the stroke of a pen, California’s homestead exemption — the amount of equity in one’s primary residence that can be protected from creditors — increased from $75,000, $100,000, or $175,000 (depending on the circumstances) to the greater of $300,000 or “the countywide median sale price of a single family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption,” up to $600,000. Put simply, the exemption increases from up to $175,000 to $600,000, depending on the county. This represents a sea change and will help thousands of homeowners in need of bankruptcy relief avoid having their homes sold by a trustee and used to pay creditors. Governor Gavin Newsom signed Assembly Bill 1885 into law on September 15, 2020.

Countywide statistics on sales can be found on www.zillow.com. Counties with median sale prices over $600,000 include Los Angeles County, San Diego County, San Francisco County, Orange County, Contra Costa County, and Alameda County.

In a Chapter 7 liquidation, a trustee will be appointed and sell any assets with equity exceeding statewide exemptions. Most peoples’ main asset is their house. Prior to the law, if you had debts totaling $100,000 but equity of $500,000 the trustee would sell your house and pay your creditors. This would leave you $400,000 (minus bankruptcy fees and costs) to find new housing. Given California’s real estate market, this would be a tough task. (Why would you file for bankruptcy in this situation? Maybe your wages were being garnished or you were being sued or facing foreclosure.) If you want to keep your home, a better option would be a Chapter 13 reorganization. You would be required, however, to commit to a 3-5 year plan under the supervision of a Chapter 13 trustee and the Bankruptcy Court. About half of Chapter 13 plans are not successfully completed.

Using the above example, the new law allows you to discharge, i.e., cancel, the $100,000 in debt and still keep your house in a Chapter 7 bankruptcy. Since your equity was below $600,000, it can’t be touched by a trustee. If you do not qualify for a Chapter 7 or a Chapter 13 better suits your needs (e.g., behind on your mortgage and facing foreclosure or recent tax debts), you could still likely discharge the majority of your debts – subject to other limitations — under a plan of reorganization because your equity would be protected from creditors.

Given that many Californians are in financial distress despite having significant equity, the new law – which takes effect January 1, 2021– offers much needed relief. If you have questions regarding this or other legal matters, you should consult an experienced attorney who can evaluate your particular situation and provide individualized guidance.

September 8, 2020 By Leo Spanos

No, The Tenth Circuit Court of Appeals Did Not Say You Can Discharge All Your Student Loans in Bankruptcy

You may have read headlines recently such as “Court Allows Bankruptcy Discharge of $200,000 in Student Loans” and thought now is the time to file bankruptcy and get rid of your student loans. Unfortunately, headlines can be deceiving. In McDaniel v. Navient Solutions, LLC, the Tenth Circuit Court of Appeals affirmed the bankruptcy court’s ruling denying Navient’s motion to dismiss the borrower’s complaint to discharge $200,000 in private loans. The default rule in bankruptcy is that debtors with student loans must show “undue hardship” to discharge student loans; otherwise the borrowers remain liable, even after a bankruptcy discharge that eliminates other debts including credit cards, consumer loans, and medical bills. Showing “undue hardship” entails filing an adversary proceeding in the bankruptcy case; it is a difficult and expensive undertaking and many attorneys won’t even try.

The ruling in McDaniel is significant because it says that private student loan borrowers are not required to show “undue hardship” because private loans are not covered under the applicable Bankruptcy Code Section. The decision, however, should be understood with the following caveats –

The ruling related to a lender’s motion to dismiss the borrower’s complaint; it did not affirm a decision discharging the student loans; the Appellate Court denied the lender’s motion and sent the case back to the bankruptcy court for further litigation; the amount, if any, of the loans actually discharged may be significantly less;
The ruling related to private student loans as opposed to public student loans;
Some of the loans in question do not appear to have been used for tuition (“cost of attendance”); and
The ruling is limited to jurisdictions under the Tenth Circuit Court of Appeals (Oklahoma, Kansas, New Mexico, Colorado, Wyoming, Utah, and parts of Montana and Idaho);

Borrowers seeking to discharge federal student loans – or loans insured or guaranteed by the government — are not affected by this decision and must still show “undue hardship.” That some of the loans in question were not used to pay tuition could also be significant. Had the loans been used exclusively for the cost of attendance, the result may have been different. It also remains to be seen whether other Appellate Courts will adopt the reasoning used by the Tenth Circuit or if Navient will appeal to the United States Supreme Court. If you have questions regarding students loans, you should consult an experienced attorney who can evaluate your particular situation and provide individualized guidance.