If your company is distressed and facing bankruptcy, I have found that when your position becomes public to your vendors, suppliers, bankers and competitors, every creditor will want to get what they can from this “fire sale” before funds are no longer available. This sets the stage for settlement.
Everyone is in fear of ending up with nothing when all the vultures swoop in to tear apart your business. This makes anyone and everyone more likely to take your settlement offer and not be too picky when it comes to the final agreement.
When appropriate to do so, I would like to suggest some of the following solutions to be inserted in the settlement letter:
• A straight, one-time payment with reduction of amount owed, plus any accrued costs, fees or interest.
• Survival payments provided to allow you to remain active, as an ongoing, viable concern, perhaps while bridge financing or accounts receivable factoring is arranged.
• Graduated workout payments to continue the business relationship between you and the creditor. This option may allow the creditor to recover some, or all, of their costs over a period of time, if the creditor agrees to continue the relationship, even if on a cash only basis.
• Schedule monthly payments, perhaps with a balloon payment at the beginning or end of the settlement terms.
Properly and professionally worded settlement offers typically receive the most expeditious responses. One may even combine elements to continue providing to the creditor reasons to accept the offer. Suppose the letter has outlined the desperate financial situation facing you. This will increase the overall sense of urgency.
andre@andrelarabie.com