Source - The Hyde Opinion
From my front-row seat as a consultant specializing in distressed company debt restructuring, I can point out three challenges affecting the current environment for business loans and restructuring:
Borrowers are receiving less responsiveness from banks who outsourced loan administration while trimming the ranks in-house staff.
We have also seen an instance where the push-and-pull of negotiations slowed to a grinding halt as the lender rotated outsourced work from one firm to another, essentially forcing a do-over of facts, figures, and assumptions while the new firm got up to speed.
Requests for lien releases in the context of an asset sale have become complicated ordeals
The SBA is hardly flexible when it comes to restructuring of debts that are covered by their blanket lien on all assets. The prevalence of SBA loans stemming from Covid-era government financing has increased the number of cases where UCC lien releases require specialized expertise. As a result, assumptions of what a bank may or may not do are less certain these days.
Technology such as auto-debits do not easily conform to the established norm of lender-borrower loan workouts
We heard of a printing company loan workout where the lender was incensed when it learned that the treading water borrower allowed unsecured creditors to be paid ahead of the bank. The excuse that the controller was unable to turn off the auto debits for credit card payments fell on deaf ears.
Sound familiar? Looking for some guidance or advice? Reach out to me directly: John Hyde