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A basic guide on debt structuring if your business is struggling

On Behalf of | Oct 13, 2023 | Business Law

Debt restructuring becomes a lifeline when a business grapples with insurmountable financial challenges. It can offer a fresh start, a way to get back on solid ground after working hard to build your business.

But here is the thing: debt restructuring involves several considerations that can affect your business’s financial situation. To get started, it is a good idea to grasp the basic legal rules and learn about the choices you have.

Understanding the North Dakota Century Code

The North Dakota Century Code (NDCC) plays a significant role in debt restructuring proceedings. It sets the legal framework within which businesses in the state operate. To begin, it is essential to grasp the key elements of the NDCC related to debt restructuring.

  • Chapter 13-07: The NDCC provides provisions for Assignment for the Benefit of Creditors (ABC). This mechanism allows a business to transfer assets to a trustee, who will then distribute them among creditors. This can be a viable option for struggling businesses to manage debt while avoiding bankruptcy.
  • Chapter 32-28: This applies if your business is structured as a corporation. It outlines procedures for corporate dissolution, which can be an option in debt restructuring.

Understanding the legal requirements is crucial for a smooth process.

Steps involved in debt restructuring

Debt restructuring involves several steps:

  • Assessment: Begin by thoroughly assessing your financial situation. Identify the debts, their terms and the available assets.
  • Develop a plan: Work with a financial adviser or attorney to craft a restructuring plan. This might involve renegotiating terms, consolidating debts or seeking alternative financing.
  • Negotiation: Engage in discussions with your creditors. Be prepared to present your plan and negotiate terms that are mutually beneficial.
  • Legal procedures: If necessary, initiate legal procedures according to the NDCC, such as Assignment for the Benefit of Creditors or corporate dissolution.
  • Implementation: Once you reach an agreement, ensure that you follow through with the terms of the restructuring plan.

Note that creditors pivotal players in debt restructuring. They hold the key to agreeing on updated terms or arrangements. Open and honest communication with creditors is vital. Discussing the situation and demonstrating a commitment to repaying the debts can often lead to more favorable outcomes.

Evaluate all options

The best debt restructuring option for your business depends on its unique circumstances. Here is a general guide:

  • You may choose debt consolidation if you have manageable debt, good credit and a stable income.
  • Opting for negotiation can be a good idea if you wish to maintain relationships with creditors, your debts are primarily unsecured and you need immediate relief from high payments.
  • Consider bankruptcy in cases of overwhelming debt and the need for a fresh start. This option can be more practical.

Remember though that each of these options has its pros and cons. Consulting with an attorney or financial adviser can help provide tailored guidance based on your business’s specific financial situation.