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Resolving business debt. At first, it might seem to imply “a business not paying what it owes.” It does not. What debt resolution refers to is what must be done ethically and rationally when a business no longer has the resources to pay what was originally contracted. In the context of insolvency and default, business debt…
Scott Peper sits down with Adam Duso, CEO of Second Wind Consultants, to discuss why MCAs are so dangerous for construction businesses. In this episode of The Mobilization Mindset Podcast, Scott Peper sits down with Adam Duso, CEO of Second Wind Consultants, to unpack: Adam’s been in this space for over 16 years. His team…
By Robert DiNozzi. Originally published March 14, 2025 in ABF Journal. When business owners find themselves buried in debt — especially high-cost products like Merchant Cash Advances (MCAs) — they often turn to debt settlement companies for help. Unfortunately, many of these companies are just as predatory as the lenders that got them into trouble in…
Article 9 Restructuring is an out-of-court resolution process which creates incentives for all stakeholders to avoid the judicial process. We like to call it a win-win-win. Article 9 Restructuring is an out-of-court resolution process which creates incentives for all stakeholders to avoid the judicial process. Panelists will discuss Article 9 Restructuring vs. traditional Article 9…
Listen to this episode of The Deal Board Podcast and learn how to exit a distressed business successfully. Secondwind’s Robert Dinozzi joins Transworld Business Advisors, Andy Cagnetta and Jessica Falkovich, on The Deal Board – discussing how to exit a distressed business successfully, through restructuring. Listen here.
Resolving troubled commercial loans can be messy — lawyers are needed, court appearances are routine, and emotions can run high for borrowers. But experts are touting something called an Article 9 sale as a better alternative to bankruptcy for banks and credit unions, at least in some cases, that keeps them out of court. Article…
Summary A previously successful California co-packer, with historic revenue of $20MM annually, became insolvent due to a perfect storm of factors. After a highly-leveraged investment in a second plant, loss of a major contract, and decreased demand during the Covid-19 pandemic, the business was facing imminent liquidation by its senior lender. With the company in…
A Trampoline Park owner facing over 1.4MM in debt shares his Second Wind experience with other business owners. Someone has said that success has many fathers, but failure is an orphan. In 2018, as my indoor trampoline park business continued to lose money, lawyers for my SBA loan bank were sending me threatening letters about…
Learn how debt relief under Article 9 is a cooperative process–benefitting both business owners and creditors. Business debt relief under UCC Article 9 involves an out-of-court, cooperative reorganization that preserves a business operation in a new, debt-free operating entity, as reported by Bloomberg Businessweek in August of 2020. Specifically, an Article 9 “reorganization” involves an asset sale,…
In this short article, learn about business debt relief under UCC Article 9, and how it works to preserve small and medium sized businesses as an alternative to bankruptcy. Article 9, of the Uniform Commercial Code (UCC), offers relief to US businesses – to eliminate unsupportable debt, to preserve operations and jobs, and to avoid…
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