The real issues are liquidity, gross revenue and net profit. Not enough and you build debt. Then the juggling act begins, paying late on one bill and later on another, paying just enough, and soon enough to hold back the law suits and keeping the business flowing, but draining your liquidity more and more.
Typically some intervening act, out of the business owners control occurred, be it sickness, divorce, “the economy”( a terrible excuse), a casualty loss, something occurs that causes a slow down, an interruption or just losses.Then capital begins to shrink as you try to stem the losses and begin to grow again.
This can go on for a long while as you fight to gain ground, build revenues and pay down the bills. Unfortunately one cannot grow and pay down debt simultaneously without a cash investment, thus even growth fails to extricate you from this problem. In fact it worsens it, putting more strain on the limited cash availability.
What happens is the debt grows larger and larger until the Feds catch up to you, and they will, for unpaid 941 payroll taxes, the 100% civil penalty. This is either the beginning of the end, which will come fast and furious, once they identify you or it’s an opportunity for a massive housecleaning, with a second chance for the business, free of debt.
A terminal disaster with only losses to show for your efforts, or a workout, it depends upon your strategic decisions at this point in time, how you decide to handle the situation. Left to their own devices, the IRS will demand full payment including penalties and interest, while you of course must stay stay current, and they will begin the liquidation process if full payment is not forthcoming or arrangements made to schedule a full payback over a fairly short time period.
They will start with your bank accounts, then get your receivables, will lien your home, and eventually seize your assets and liquidate them. The intend to put you out of business.
There are options however and while it is typically the tax issue that starts the downfall, secured debt obligations, credit card debt, even unsecured debt can eventually unwind your business and cause failure. If by some chance you manage to resolve the tax issue and remain in business there are still all the other issues remaining and you now have less capital to pay them with.
I believe the only answer is a total workout, resolving all the debt issues, secured, unsecured, credit cards, leases, payables, tax issues, whatever may be out there absorbing your capital, and threatening your very existence, capital that should be allocated to growth and development.
Resolve it all and have a fresh new start. What’s the strategy you ask?, It’s NEVER bankruptcy, get that out of your mind, it’s a professionally planned and executed workout strategy that is unique to every business and situation but results in the end in a clean sweep, reducing and removing all the debt. It requires creating a game plan and then implementing it successfully.
Occasionally the business owner understands the need to pay the 941 payroll taxes and succeeds but allows the other debt to build and potentially cause great harm, the answer is the same, a professionally designed workout plan, capable of reducing and eliminating the debt from whatever source it comes from.
What can be accomplished following this general strategy? A second chance, without debt, a seamless transition for the business and without bankruptcy.Its part art form and part science, with allot of experience required to make it all work.
Call me I would be delighted to evaluate your situation for you.The big five, tax liens, unsecured debt, secured debt, credit cards, bank debt. This all can be fixed. Call me for help. 413-549-2966.
July 15, 2008 at 7:18 am07
call the card companies and make them a reasonable offer. I do not know how nuch yiu owe either but offer approx 10% on the dollar. Tell them you are borrowing the money and this is what you can do…They will accept the offer and release you. do not tell them you are accessing your equity thru a reverse mortgage,
don
July 14, 2008 at 7:18 pm07
When Montgomery Ward was in business my husband had lost his job due to illness and since he worked for the post office it took 12 years to get him on disability retirement. We tried to keep the credit card paid up, but many of our store credit cards had to be not paid so we could pay the more serious debts such as mortgage, utilities, etc. And we were still recovering from the earthquake in 1994 in which contractors left our property unfinished, which we took them to court and won punitive of $50,000 and our money back from both contractors equalling $80,000. However, the attorney we had left us hanging after collecting the $8,000 from the middle man and then refused to go after the big money. This was back in 1996. In 1997 Sears and Montgomery Ward put liens on our property for credit card debt and I was unable to pay. They never took us to court, they just put a lien on our property. To this day the liens are still there and now that I am nearing 62 I wanted to do a reverse mortgage, but I cannot use the small amount of equity to fix the earthquake damages to our property if I have to pay Montgomery Wards and Sears, as all I would be able to get would be $65,000 out of the equity. How do I get the liens off of my property?