Jetboat Racing
10.07.2009Beschreibung
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24.04.12 18:47h 
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23.04.12 07:22h
Donald,Nice blog. My partner and I have had a siusnebs for over 15 years in California. We went on a hiatus shut down In March of 2010 it is now Sept of 2010.This is actually a very complex situation but I will try to boil it down. We have our assets and personal guarantees in first position with another lender for siusnebs related operating debtthat we are currently working down. That lender basically owns us and wants us to try and continue the siusnebs on a smaller scale. They also want us to move from our location to a smaller space as we cannot service the debt. They want us to go smaller and walk away from our commercial property if needed to try and keep the company alive.Our commercial property is held by two banks and the SBA holds the second. Both have personal guarantees on us but are behind the other lender. We have not made payments since April of 2010 and the building officially forecloses in mid-Novemeber and sale to happen in mid -December.The value of the real estate is enough that the bank in first position should get their full payout and force a sale if needed. We have had the building for sale and or lease for over a year and have been communicating with local SBA and other lenders frequently. So those relationships are as good as to be expected in this type of a situation. However, we are almost out of money as we have burned through cash trying to find investment over the last 6 months so our options are limited.My first question is as follows. Since our primary investor has a first on us personally and can force their hand at any time on our personal guarantees and what we do have left is protected mostly by California BK exemption laws, would the SBA still force us into a BK by trying to attach future wages and earnings if we told them we would just go BK they took that approach? Or just say, it's not worth it and move on?Question two. We have a possibly buyer interested in the building but we are not sureif we can make it work due to some various challenges. However if it did come together we would still need to hand the SBA a loss of about 800k via a short sale. Can this number be worked out below lets say 50k in a work out scenario with payments?In all of our years in siusnebs we have never missed a payment and have excellent credit. We communicated all of our banks ahead of time that we were going to stop payments a month before it happen. We hate that we cannot full fill our obligations however if we are to have a future with what little we have left of our company, we need walk away from these debts with as little carnage as possible as we are close to broke. We are trying to avoid going BK as we still need to raise some basic working capitol but there may not be anyway around it. Any thoughts you have are appreciated.ThanksTodd
Donald,Nice blog. My partner and I have had a siusnebs for over 15 years in California. We went on a hiatus shut down In March of 2010 it is now Sept of 2010.This is actually a very complex situation but I will try to boil it down. We have our assets and personal guarantees in first position with another lender for siusnebs related operating debtthat we are currently working down. That lender basically owns us and wants us to try and continue the siusnebs on a smaller scale. They also want us to move from our location to a smaller space as we cannot service the debt. They want us to go smaller and walk away from our commercial property if needed to try and keep the company alive.Our commercial property is held by two banks and the SBA holds the second. Both have personal guarantees on us but are behind the other lender. We have not made payments since April of 2010 and the building officially forecloses in mid-Novemeber and sale to happen in mid -December.The value of the real estate is enough that the bank in first position should get their full payout and force a sale if needed. We have had the building for sale and or lease for over a year and have been communicating with local SBA and other lenders frequently. So those relationships are as good as to be expected in this type of a situation. However, we are almost out of money as we have burned through cash trying to find investment over the last 6 months so our options are limited.My first question is as follows. Since our primary investor has a first on us personally and can force their hand at any time on our personal guarantees and what we do have left is protected mostly by California BK exemption laws, would the SBA still force us into a BK by trying to attach future wages and earnings if we told them we would just go BK they took that approach? Or just say, it's not worth it and move on?Question two. We have a possibly buyer interested in the building but we are not sureif we can make it work due to some various challenges. However if it did come together we would still need to hand the SBA a loss of about 800k via a short sale. Can this number be worked out below lets say 50k in a work out scenario with payments?In all of our years in siusnebs we have never missed a payment and have excellent credit. We communicated all of our banks ahead of time that we were going to stop payments a month before it happen. We hate that we cannot full fill our obligations however if we are to have a future with what little we have left of our company, we need walk away from these debts with as little carnage as possible as we are close to broke. We are trying to avoid going BK as we still need to raise some basic working capitol but there may not be anyway around it. Any thoughts you have are appreciated.ThanksTodd
31.03.12 09:06h
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