"From the Trenches" Our Employee Blog

Believe Me, Equipment Leases Can Be Worked Out!When discussing business debt workouts with small business owners, we frequently find that they overlook their equipment leases when we discuss their debt. For some reason, small business owners tend to believe a lease can’t be worked out and they are often surprised when I tell them that the exact opposite is true. The workout, however, requires a cash payoff, as the lessor is usually willing to negotiate a short sale but not a short finance arrangement. We have done this with medical equipment for many doctors (including chiropractors, dentists, optometrists, general practitioners), as well as printers, restaurant equipment and any other imaginable business asset.

Leasing is simply a slightly different form of financing. It is true that when you lease, you do not hold title to the item until the end of the lease when you often have an option to purchase the equipment for an agreed upon amount. However, this does not change the reality that the equipment is worth decidedly less than the lease payments indicate, and the lessor does not want the equipment back for reasons similar to those of the banks that will engage in a workout. The cost of liquidating the collateral and the resulting revenues are usually much less than the amount owed, thus there is a basis for a workout. It is usually a tougher workout, sometimes not quite as reduced as with a bank, but it’s still a terrific deal for the lessee.

If you are laden with leased equipment and choking on the payments, call us. We can negotiate a workout that will reduce your monthly overhead significantly as well as add value to your bottom line. Do your debt workouts, even with leases.

Call us. Norm will arrange a no-obligation  teleconference for us to discuss your options: 413-584-2581.

About Don Todrin

Don Todrin is the CEO and Founder of Second Wind Consultants, Inc.. Don and his company specialize in SBA Loan Workouts, Offer in Compromise, business debt forgiveness and solving difficult business problems in general. Follow me on Twitter or become a fan of Second Wind Consultants on Facebook.

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Your 401k: Should You Disclose Its Existence And Value In A Workout?Congress passed a bill creating a 401k retirement plan that any individual can contribute into for the purpose of developing a personal retirement fund with valuable tax advantages and protection from creditor attack. It cannot be attached, invaded in any way or liquidated by creditors.

I believe that this supports the decision to omit such information from a financial statement used for any external purpose such as loans or workouts. Since it is unavailable to the creditors, there is no reason to include it in one’s balance sheet or financial statement.

If you have a large retirement fund in a 401k and are simultaneously defaulting on a loan, it colors the minds and decision-making attitudes in a workout evaluation. This is only natural and thus the mere existence of a 401k affects the outcome of a workout—this is not what Congress intended. In fact, if this is allowed to occur, if the mere existence of one’s 401k causes a different conclusion in a workout scenario, then it has, in fact, been materially invaded and partially liquidated as the resulting implication is that it should be used to increase the workout payoff. This is wrong.

In conclusion, I believe it is inappropriate to include your 401k on your financial statements when presented for a debt workout and when asking for debt forgiveness.

About Don Todrin

Don Todrin is the CEO and Founder of Second Wind Consultants, Inc.. Don and his company specialize in SBA Loan Workouts, Offer in Compromise, business debt forgiveness and solving difficult business problems in general. Follow me on Twitter or become a fan of Second Wind Consultants on Facebook.

Stop Making Partial Payments On Your Loans. Default Is Default. Do The Workout.I hear it all too often. Small business owners are in default, making voluntary partial payments thinking that this somehow helps them stay in honor and that it will satisfy the bank and that it is “the right thing” to do. They are paying what they can even if it is less than what is owed, wanting to “do their best” by demonstrating that they are trying and believing that this will somehow serve their best interests with the bank and support a more gentle approach to their default and ensuing workout. At least,that’s what they hope. They believe that if they are at least making an attempt to perform as promised then partial payment satisfies their word and commitment, if not to the penny at least to the point of honor.

Not so. If this sounds familiar, then you need a dose of reality. You are wasting cash and gaining little advantage.

First, a basic concept: Default is default. Partial payments without a written agreement authorizing such are a waste of cash. They do nothing to improve your predicament nor the outcome. “Default” is a term controlled by your loan agreement; either you pay in full as agreed or you are in default. Partial payments outside of a written modification do nothing to alleviate or change this  situation other than to needlessly waste precious money better used for other purposes.

The underlying issue, however, is the need borrowers feel to act honorably and do what they believe is the “right” thing to do.

Stop this silliness. A business contract is not affected by acting honorably while you’re defaulting on the terms agreed upon. Despite your hope that it does count, it does not. As stated, default is default. There is no such thing as honorable default, it is simply default. A defaulting borrower will suffer the same consequences as a partial payment-making, honorable, defaulting borrower, so what is the point of making partial payments? There’s no point, whatsoever. It is not more honorable to make partial payments than to not pay at all. Remember, default is default. (If it makes you feel better, donate the money to charity; it will have the same effect on your loan workout as partial payments.)

The only way honor enters the equation is when you communicate appropriately, explaining to the bank you cannot make full payment. Cooperating with their requirements and not avoiding the issue—in other words, entering into a workout scenario—as soon as you are aware that you cannot comply with your agreement, that is the honorable thing to do. Partial payments are meaningless and represent avoidance of the real issue: acceptance of the responsibility to either pay or suffer the consequences, honorably.

Your remaining cash should be used for personal preservation and other appropriate necessary expenditures, not thrown at the feet of the bank with a request for leniency because you are “doing your best.” It’s not enough and requesting leniency will not have the desired result.

It is irresponsible to throw money away in a time of great need. To act honorably is to confront the issue as soon—and as honestly—as you can. This, you should do. Cease making partial payments immediately. Do the workout; that is what is most honorable.

About Don Todrin

Don Todrin is the CEO and Founder of Second Wind Consultants, Inc.. Don and his company specialize in SBA Loan Workouts, Offer in Compromise, business debt forgiveness and solving difficult business problems in general. Follow me on Twitter or become a fan of Second Wind Consultants on Facebook.

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We Are Winning. The Battle Toughens But The Banks And SBA Are Giving Us The Workout Results We Need: Debt Forgiveness.When we get into the clinch and fight it out, in the end, workouts are being accepted and our program is wildly successful. We’ve had a recent flow of very successful workout conclusions with the banks and with SBA guaranteed loans; they will not admit it publicly, nor will they give up their unreasonable demands for repayment and intimidating attacks on borrowers in default. This is not new. We have been successfully resolving issues by workout and debt forgiveness—hundreds of loans for many years—however, as we get more creative and more demanding, the banks are being more responsive and more willing to concede victory on our terms.

On the surface and at first pass, the barriers appear insurmountable. However, we have long-ago learned that “No” means “Yes, just not today.” And since we are committed to a workout that will actually work, we hold our ground and get what our clients need to survive and reemerge successfully without a huge loss of assets and with resolution of debt and personal guaranties for affordable amounts of payout. “Affordable loss” is what we call it.

There is, however, an apparent trend that we are observing in our workouts and it is simply this: creative workouts that may have been rejected before are now being accepted, but the battle gets tougher. The banks and the SBA are fighting hard, putting up much resistance and applying a full spectrum of self-serving strategies that include: seizing assets, garnishing wages, lawsuits, foreclosures on homes, etc. It appears that if we survive the flurry of threats and assaults, we get to a resolution, on our terms—a resolution that works. The good news is, we do better every day. The bad news? The banks are getting more aggressive every day.

In conclusion, workouts are absolutely the only way to resolve defaulted debt issues and the sooner you get it done, the sooner you can begin your recovery.

Call us before your banker takes aim at you. They are using deadly force and high-caliber ammunition and are to be respected. We have the solution… an effective workout plan. But, you must call us. Do it, we can help. Call 413-584-2581 and Norm will arrange a no-obligation teleconference for us to discuss your options.

About Don Todrin

Don Todrin is the CEO and Founder of Second Wind Consultants, Inc.. Don and his company specialize in SBA Loan Workouts, Offer in Compromise, business debt forgiveness and solving difficult business problems in general. Follow me on Twitter or become a fan of Second Wind Consultants on Facebook.

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Your Obligation Is To Survive And Reemerge.Why are you acting as though you even have an option? It is clear—you must surrender to your obligations and then it will be easy. You have taken on the responsibility to be an entrepreneur, a small business owner. Your family and employees are trusting you to succeed as they depend on you for support. You could have taken the safe route, i.e. “getting a job.” Predictable? Maybe. Dependable? Sometimes. Consistent… for as long as it lasts.

But, you decided to be a small business owner. Ok, fine, but this entails some additional responsibility that you must never forget.

1) Your family depends upon your success. This is an unalterable commitment that must be satisfied. If you have a family there are no options.

2) Your employees are trusting you to keep them employed as they have also made unalterable commitments to their families, commitments that are also now your responsibility. You must continue to provide employment for those who trust you and are depending upon you for the well-being of their own families.

3) You have, of course, made commitments to vendors, suppliers, the bank (if you have borrowed money) and investors or friends and family who may have lent or invested in your dream. They, too, are expecting you to succeed and to repay them what is due or pay for the services you have received.

And then… there are the commitments you have made to yourself—commitments to personal success, what every business owner needs to do.

This, we can all agree on, yet I talk to so many business owners in default on their loans (or soon to be in default), in arrears to vendors, landlords, etc., just cruising into oblivion with sharply reduced revenues and growing overhead, on a collision course for disaster. Regardless, they choose the less aggressive, safer course which is doing nothing and hope for a miracle—as if a miracle is likely to occur. Meanwhile, resources erode and time slips by and eventually you violate all your commitments and fail. In the end, you’re unable to take the only step that would save  your business, jobs and your collective families, all of whom are depending upon you, because you are uncomfortable or just unwilling to do the workout you need to do to survive, in control and ready for successful emergence.

Yes, I know, we all want to pay our bills and none of us want to default on the bank, however, if this is the path to resolution then this is what you must do. It is a matter of priority. Should you choose to go down with the ship, an “innocent” victim of a bad economy and take everyone with you, or make the tough, uncomfortable decision to survive no matter what and do the debt workout?

It’s your call. Better yet, call us, we will take the burden off of you and resolve your debt issues while you focus on your business. Hallelujah.

Call 413-584-2581 and Norm will arrange a no-obligation teleconference for us to discuss your debt workout options and plan.

About Don Todrin

Don Todrin is the CEO and Founder of Second Wind Consultants, Inc.. Don and his company specialize in SBA Loan Workouts, Offer in Compromise, business debt forgiveness and solving difficult business problems in general. Follow me on Twitter or become a fan of Second Wind Consultants on Facebook.

Apple iPad: The Best Thing That's Happened To My Business!Yes, I’ve read the reviews saying an iPad is an iPhone on steroids, a supersized iPhone, another unnecessary electronic gadget, etc. But, I bet these “reviews” come from people not yet using one on a daily basis or not yet addicted to the iPad’s incredible capabilities.

I bought mine the first night it was available. I stood in a long line in Manhattan at 1:00 am in the morning… and left with the most effective and functional device I have ever owned. In short, it has changed my business life for the better and has made my life easier in general.

I am in the business of debt workouts, i.e. removing debt from businesses. Many of my clients have occasional emergencies requiring quick response and action to protect their assets. I must be available and ready to communicate with others effectively at all times. Yes, I could do this with my cell phone, but it’s oh-so-much-better with my iPad due to the mere fact that it is both 3G and internet capable. It allows me to have instant access to email, the internet, my blog and all the contracts, forms and other tools I use in my business every day, wherever I may be. With this incredible tool, I can not only receive and send emails and blog at will, but I have various forms and contracts stored in it and can utilize its capabilities in many meaningful situations that I was previously unprepared for.

Some argue that their laptop does this and more, which is true (other than the 3G part, which is huge). However, I seldom carry my laptop everywhere I go, and am not likely to whip it out in cars, cabs, bus stops, the beach, etc., as it is too cumbersome, too much of a project to boot up and use on the run, too big to carry everywhere I go…  I never have my laptop with me when I want it as I do not make it a habit to carry it everywhere I go.

However, my life has changed; I can carry my iPad with me anywhere I go. It is always on and available like a cell phone and because of its size and its touch keyboard, it is always ready to give me the business tools I want or need. Obviously, I blog, and what a delight to be able to blog anywhere I am, whenever the inspiration strikes, whether it be when I am shopping with my wife or waiting in the car to pick someone up at the airport. Anywhere I am, it is ready and available for instant action.

Sure, you can do this with your Blackberry or iPhone—I have the new Droid, which is very powerful, but I do not use it for all its capabilities because, frankly, it is too small and thus impractical. I do, however, use my iPad… it really works. Now, I go nowhere without my iPad.

If it IS only a supersized iPhone, well, then it’s the best gimmick around and has totally won me over.

About Don Todrin

Don Todrin is the CEO and Founder of Second Wind Consultants, Inc.. Don and his company specialize in SBA Loan Workouts, Offer in Compromise, business debt forgiveness and solving difficult business problems in general. Follow me on Twitter or become a fan of Second Wind Consultants on Facebook.

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Not Prepared For Victory... And No Wonder.Recently, I have noticed a phenomenon: Small business owners are not prepared for victory.

Small business owners have been turned into fist-fighting warriors, battling for survival. Reduced revenues, high overhead and, especially, unaffordable debt service have forced you to become cash flow experts, accounts payable jugglers and downsize experts. You’re taking blow after blow, suffering from unimaginable pain and frustration yet maintaining the vigil and battling daily to stay afloat. Nothing new here, this you all know and understand. This is your plight. What choice do you have?

The real issue is, those who are doing the debt workouts and experiencing loan forgiveness are, in some instances, stuck in fight mode or a defensive posture, still fighting a battle which is now over as they have eliminated the major cause of destruction of their small business: overburdening debt. The small business owner must make a huge adjustment from times of war to peace and many trip up in the transition, forgetting that peace requires different skills. Successful emergence requires surrendering to victory. It seems like a heavenly prospect, yet it’s very hard to do when you’ve been engaged in fierce battle for the past few years.

So what is the problem?

The problem is the inability of small business owners to make the transition from warrior to peacetime leader, once again taking the team to victory, instead of fighting impossible battles. When the battle is over we have no need for the warrior. When you successfully remove the debt and reduce your personal guaranty—in other words, when the battle is over—you need to be a builder, a developer, a thinker, a planner, a marketer… not a fighter or a warrior. The small business owner must wear many hats. For the past few years, for many, it has been a warrior’s helmet as you enter into battle, tenaciously holding on to your business. Do the debt workout and your hat becomes that of a leader, a builder, a marketer, a manager…

Let us not trip over the finish line. Leave the battle behind. Be the leader you can be and lead your business to victory. Once you have completed the workout, engage in the turnaround and be a peacetime leader, ready to carry your company to the promised land of security and safety. It is not easy. It requires different skills, but you can do this.

This is a huge challenge for the small business owner, one that is resulting in many failures. It is a difficult and dangerous transition from war to peace, but it can be done. Be careful and call us for help: 413-584-2581.

About Don Todrin

Don Todrin is the CEO and Founder of Second Wind Consultants, Inc.. Don and his company specialize in SBA Loan Workouts, Offer in Compromise, business debt forgiveness and solving difficult business problems in general. Follow me on Twitter or become a fan of Second Wind Consultants on Facebook.

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The Signs Are Not Good. Be Careful, Do Your Debt Workouts Now.We recently represented a client and were deeply involved in a large million dollar workout. Part of the workout included a building with a $500,000 mortgage. We found a buyer willing to offer $325,000—a bona fide offer to purchase with financing secured. However, the bank did not even consider the offer and dismissed it out of hand. Instead, the building went to auction and resulted in a $4100 offer at auction that was accepted.

Wow!

It is amazing that the bank did not bid up to the mortgage as banks do all the time, let alone that they accepted the high bid of $4100. The bank could have taken it in for its mortgage and then sold it to a higher bidder as we had a $325,000 offer. But they did not, and instead let it go.

This is an enormous signal that the market is changing again and not going in a good direction. It is foreshadowing dangerous ground ahead. It tells us that the bank does not expect to be able to do better and we are in for another major decline if this bank is correct. The fact that no one was there to bid on the building and that the bank was willing to let it go for so little speaks loud volumes about the condition of our economy, and what it says is all bad.

Do your debt workouts; it is the only sure-fire path to survival in such times. Call us if you need help. Norm will arrange a no-obligation teleconference for us to evaluate your situation. 413-584-2581.

About Don Todrin

Don Todrin is the CEO and Founder of Second Wind Consultants, Inc.. Don and his company specialize in SBA Loan Workouts, Offer in Compromise, business debt forgiveness and solving difficult business problems in general. Follow me on Twitter or become a fan of Second Wind Consultants on Facebook.

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Lose The Real Estate, Save The Business.Ladies and gentlemen, let me tell you what you already know… the bubble has burst!

Yes, after a decade or more of constantly increasing values the free ride has ended. We are told by economists that really know (not politicians or real estate agents) that real estate will continue to decline and then will remain flat for the next decade. We must reset our minds, change our beliefs, adjust our habits… or suffer severe consequences.

Many people who invested in real estate to support their business are now confronting mortgages that they cannot support with the reduced revenues from their business. Yet, so many hold tenaciously onto their properties, spending more than they can possibly afford to keep the dream going, as if the bubble will repair itself and the value will return. It is not going to happen.

Many others in this predicament are in default and simply cannot pay the mortgage thus they confront disaster as they risk the loss of not only the real estate, but also of their valuable business. Even if the business is experiencing reduced revenues, it is worth saving. The necessary exercise, then, is to protect and preserve the business and lose the real estate, then work out your personal guaranty. It can be done. We do it all the time.

Lose the real estate, keep the business going. Strip off the debt and reduce the personal guaranty. This works, but, you must lose the real estate.

Call us. Norm will arrange a no-obligation teleconference to help us figure out your options: 413-584-2581.

About Don Todrin

Don Todrin is the CEO and Founder of Second Wind Consultants, Inc.. Don and his company specialize in SBA Loan Workouts, Offer in Compromise, business debt forgiveness and solving difficult business problems in general. Follow me on Twitter or become a fan of Second Wind Consultants on Facebook.

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Our Debt Workout Strategies Have Almost Total Success, Every Time.Our track record for success is phenomenal. Almost every one of our clients exits successfully with a reduced personal guaranty averaging 7% of their debt—that’s a 93% debt reduction! That works. The few clients that fail to reach the promised land fail mostly because they cannot afford the payoff and the fees. However, our strategy, if supported by our clients, never fails.

Why is our success so significant? Because we are doing what we should be doing,  following the SBA and bank rules and satisfying their requirements.

It’s really that simple. We take very little risk. We are doing the right thing and leading our clients down the right path: debt forgiveness. This is why our strategies are so well received and so successful. Do the workout and save your financial life. The reality is that revenues are down and few can afford the debt. That’s a fact. We have figured out how to work this out successfully. It makes sense.

Frankly, it is everyone else who is failing to understand their obligations and what the rules are when in default and thus they end up in a contentious fist fight, unable to win and likely to lose everything, facing foreclosure and liquidation by auction—events that NEVER, EVER happen with our clients. Our strategies sound earth-shattering, daring, risky and uncertain… yet, in all reality they are conservative, basic and they clearly follow banking guidelines. This is why we succeed and this is why we can guarantee our success. This is why we seldom miss our mark.

As I say frequently, it is really simple arithmetic. We do the math and show the banks our best results. It’s not about our negotiating skills, although we certainly possess them. It is not about fooling the banks; we play our hand face up with total disclosure and complete cooperation. It is all about including the banks and the SBA in our process and working as a team; together we solve the problems favorably for all. We may take different paths to get to the same goal, but as long as we reach the banks required conclusion they embrace our process and accept our results.

So, relax, listen to what we say and what we do, and if you have a defaulting loan, call us. We can help. What other options do you really have? The answer? None. We are most often challenged with the statement, “It’s too good to be true!” Yes, it is good, but it is also true. Call us and then relax because we have got you covered.

Call Norm at 413-584-2581 and he will arrange a no-obligation teleconference to discuss our strategies.

About Don Todrin

Don Todrin is the CEO and Founder of Second Wind Consultants, Inc.. Don and his company specialize in SBA Loan Workouts, Offer in Compromise, business debt forgiveness and solving difficult business problems in general. Follow me on Twitter or become a fan of Second Wind Consultants on Facebook.

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