Small Businesses and the End of the Eviction Moratoriums

Posted 2023-01-12 06:21:50

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Small Businesses and the End of the Eviction Moratoriums

If your business was behind in its mortgage or lease due to the pandemic, the end of various eviction moratoriums could mean you should talk to a bankruptcy lawyer about Chapter 11.

The End of the Eviction Moratoriums

While the media tended to concentrate how the various eviction moratoriums affected the residential landscape, these moratoriums also affected commercial real estate. Any brick-and-mortar businesses that survived on foot traffic (small retailers, restaurants, etc…) suddenly found themselves in trouble. Income stopped, while expenses - including lease and mortgage payments - did not. While the PPP and other SBA loans helped, it was the state and federal eviction moratoriums that assisted businesses behind on their commercial lease or mortgage payments to stay in business and try to catch up. Those moratoriums are now over.

Signs Your Business May Be In Trouble

There are certain signs to look out for that your business may be in more trouble than you can handle:

Have you put off paying vendors to meet payroll?
Is your business credit line maxed out?
Have you tried cutting costs, but it doesn’t seem to be helping?
Are you struggling to make your businesses’ monthly lease or mortgage payments?

Struggling with Mortgage or Lease Payments

Whether you own your building or are leasing space in one, the time where you could skip a few monthly payments is now over. So, what should you do? If you’re not too behind:

If you are leasing:

If you feel you can catch up in a few months, speak to your landlord about a repayment schedule.
Or ask to renegotiate the lease for a certain period of time so that you can pay a bit less over a longer period of time.
Remember, trying to find good commercial tenants these days is really difficult. If you work with your landlord in good faith, they will probably want make things work.

If you have a commercial mortgage:

Ask to negotiate a repayment schedule with your lenders, promising to pay back the missed mortgage payments over an agreed upon timeline.
Work with your lender to modify the mortgage to a rate more affordable for your business.

However, if you are far behind on your payments, and you are hearing the words “eviction” or “foreclosure”, it may be time to look at Chapter 11 Bankruptcy.

Why Chapter 11 Bankruptcy May Be the Right Choice

While the world is slowing opening back up and people are shopping and dining again, it may take time to get your business financially caught up. Restructuring your businesses’ debt via chapter 11 bankruptcy can get you the additional time and space you need to get your business in the black again.

The moment you file a chapter 11 petition with the bankruptcy court:

An automatic stay prevents your vendors from harassing you
This same stay will immediately stop all eviction or foreclosure processes

As part of the process, you will need to show that given the ability to restructure and renegotiate your company debts, you will be able to pay back the majority of what you owe to your vendors, lenders, and or landlord.

There are also different variations of Chapter 11 bankruptcy you should know about – click here to learn more –

https://www.ny-bankruptcy.com/services/bankruptcy-solutions/bankruptcy-chapter-11/

https://www.ny-bankruptcy.com/my-business-is-drowning-in-debt-what-can-i-do/

What to Do Next

It’s easy to easy to get confused and overwhelmed when you are trying to figure out the best thing to do for you and your business. If you’d like to talk directly to a compassionate, knowledgeable, human being, reach out to New York bankruptcy attorney Ronald D. Weiss,P.C. for a free consultation. He can tell you which type of Chapter 11 bankruptcy is right for you, and help you get the process started. Call 631-271-3737 and take the first step to a fresh start.