Debt Restructuring and Settlements
You may have a loan or other debt obligation that is coming due soon.
Perhaps you have the funds to satisfy the debt and pay it off.
Perhaps you have most, but not all of the required funds.
Maybe you would like to extend all or a portion of that debt to allow some funds for expansion of your business or to retire more expensive debt obligations. There can be several options available to you if approached professionally and in a well reasoned and defensible manner.
The presentation, background, and analysis that are provided to your lender/creditor are of critical importance.
A Third Party Intermediary can add valuable gravitas to such an approach.
The professionals at Luzimen understand the myriad nuances that exist in such a negotiation in order to allow for the highest opportunity for success.
Perhaps the most difficult and heart wrenching business event is the Business Break-up. It can be more painful than a marital divorce.
The critical elements of such a break-up are fraught with sensitive financial issues including ownership percentages, capital, loans, guarantees, assets, liabilities, leases, licenses, taxes and dozens and perhaps hundreds of other issues, all of which must be reconciled.
Add to the above, the intense emotional aspect of a break-up and you have a recipe for a costly, disastrous and protracted legal battle where the partners or shareholders would likely receive far less.
Additionally, running the business while the partners are adverse becomes even more difficult.
The professionals at Luzimen can create the construct for a mutually satisfactory settlement. A major benefit of not going to court is that the settlement can be sealed and kept confidential.
We have found that many times the settlement when reached amicably and in good faith, has preserved and restored the friendships that were built during the business relationship.
Business Services LLC and Corporation Formation
ORGANIZING A NEW CORPORATION OR LLC? DO YOU WANT LESS LIABILITY AND MORE ASSET PROTECTION?
We provide professional and in-person consulting services related to the formation of your new corporation or limited liability company which includes the following Plans:
- Fictitious name search with the Corporations Division of your Secretary of State's office. This lets us know if the name you have chosen for your new company is available.
- Articles of Incorporation for a corporation. or Articles of Organization for a Limited Liability Company (LLC). This creates your new company entity, legally.
- Bylaws for your new corporation, or the Operating Agreement for your new LLC. This document sets forth the manner in which your company will be managed and operated.
- Secure your new company’s State's Identification Number.
- Secure your new company’s Federal Employee Identification Number (FEIN).
- Filing Fee at the Secretary of State’s Office.
- Secure business license, if required.
- Secure CRS number (Gross receipts tax number)
- Act as the Organizer of your new company
- This does not include State and local filing fees.
- To act as your Registered Agent ( receive service for your entity ) is an additional $150.00
EVERY SERVICE INCLUDED IN “PLAN A”, PLUS THE FOLLOWING:
- Discussion regarding the appropriate entity (C -corporation, sub chapter S corporation, LLC etc), that you think would be the appropriate structure for your new company;
- Selection of your company's name, if you have not already selected the name.
- Discussion regarding ownership, percentages, control issues, tie breakers, shareholder or membership interests, other ownership interests, dividends or AAA distributions, reports and filings and other related issues.
- Discussion of the capitalization of your new company.
- Discussion regarding limits of liability and asset protection.
- Discussion regarding selected tax treatment of your new company.
- Stock Certificate(s) or Membership Unit Certificate(s).
- Additional meetings, phone calls, emails etc., as may be required until the new company is organized and able to conduct business.
EVERY SERVICE INCLUDED IN “PLANS A AND B” PLUS THE FOLLOWING:
- Act as the Registered Agent for your new company (first year).
Plan A $395.00
Plan B $995.00
Plan C $1,195.00
- Registered Agent following the first year $150.00/yr
- Expanded bylaws or operating agreement $295.00
Restructuring Debt outside of a Bankruptcy
Bankruptcy is an option. Many times it is the only option. But many business owners would prefer not to have to file for bankruptcy protection. It is the most intrusive and public of all actions a business owner can undergo. Your information, files, agreements and sometimes even personal information is all public record. For the right candidate, negotiating the Company’s debts and obligations outside of the bankruptcy court system can be a viable alternative. Because the Luzimen negotiator lacks the power of the federal court system, this particular Third Party Intermediary specializes in navigating the treacherous waters of numerous creditors, senior and junior debt obligations, multiple collateral types, real estate and equipment leases, personal guarantees, business continuation plans (if any) and myriad other elements and moving parts in this kind of situation. Further, these settlements can be private and confidential maintaining and preserving a level of privacy and integrity.
Real Estate Foreclosures
Of all challenges in the realm of distressed debt obligations, real estate foreclosures are the most difficult to negotiate. The reason is simple. The debt is secured by a note and mortgage on “Real Property”. The lender is usually well secured and while they may prefer not taking the collateral, they may have no alternative, or at least they may not think they have an alternative. A Luzimen professional, experienced in such transactions will analyze your unique situation and provide a proposed plan of action. Commercial Real Estate loan transactions are highly complex and require the correct approach in order to have the highest opportunity for a successful outcome. A sophisticated lender will normally welcome the opportunity to work with an experienced Third Party Intermediary who has a clear understanding of your unique situation.
Commercial Lease Restructuring
There are various forms of leases. Most prominent among them are real estate leases and equipment leases. Real estate leases include ground leases and building leases. They can include options to purchase, obligations to purchase, rights of first refusal, continuing guarantees and other terms and conditions. Equipment leases also have terms and conditions such as buy out agreements, extension agreements, fair market value and other vital terms and conditions. Each is specific in its application and enforcement. Leasing companies and real estate owners are usually highly skilled and experienced in the form, function and operation of a lease agreement. For this reason, and due to the inherent complexity of lease terms and conditions, a trained Luzimen professional is well suited to analyze your unique situation and recommend a path of action that can yield the best outcome for your business. Our team can analyze your situation, recommend a plan of action and provide a background report and presentation or proposal for settlement or re-structuring of your lease.
Business Dispute Resolution
If you are in business, you are likely to be involved in one or more adversarial situations from time to time. It is almost inevitable in today’s litigious society. The timeliness and protocol that you employ will many times determine if you have a positive or a negative outcome. Business owners are proud, hardworking and intense individuals who have convictions about their business and practices. Unfortunately, this can be a breeding ground for disputes and can drag a company and its owners into a bottomless pit of expense, wasted time and damaged reputation. No one wants to feel defeated, but common sense should prevail. A Luzimen Third Party Intermediary can many times reach an acceptable solution for the simple reason that the opposing principals are not engaged directly in the negotiation. Further, such a settlement can be sealed by the parties such that the agreement is confidential and not of public record. Running your business should be your sole focus. Leave the unsavory elements such as adversarial situations, to your Luzimen intermediary.
Securing New Financing
Luzimen can assist you in: • Financing for a new real estate acquisition • Refinance of owned real estate • Commercial business loans • Accounts receivable financing or sale • Equipment financing • Leases • Hard money loans • Bridge financing • Purchase order finance.
Due Diligence in Acquisitions and Divestitures
Buying a business is a landmark event in your career and for your portfolio. Selling a business is a similar event. Both are emotional and difficult. Making the right decision hangs in the balance. While no one can guarantee success in a transaction, having the information at your disposal can have a profound impact on your decisions. Discernment through appropriate study and preparation is in order. Having navigated numerous acquisitions and divestitures, the professionals at Luzimen can assist you in the assemblage and analysis of the documentation necessary for you to make an informed, prudent and defensible decision. As always, all transactions and engagements are confidential in order to protect your proprietary information. This extra set of eyes and ears on the subject transaction can yield valuable benefits both when buying and selling a business.
Financial Pro Forma Review and Feasibility
Business plans and financial projections are often confusing and difficult to read and comprehend. Some financial pro formas are cursory and others are highly detailed. The challenge is to determine if they are accurate, and based upon defensible assumptions and data. Someone has to “drill down” into the details to check these components. If you are utilizing these reports and projections to make financial decisions such as for loans, investment, purchase, divestiture, development etc. you should have the benefit of the information that supports (or doesn’t support) the projections and pro formas. While no one can make your final decisions for you, having an extra set of eyes on the details can be of valuable assistance to you. A Luzimen professional can assist you to translate the data and assist in determining its feasibility as to whether or not to move forward with a project.
Non Performing Assets
How many people know the term “Non Performing Asset?” This is a term and principle with which you must become familiar. What is an example of a Non Performing Asset? • An empty airline seat; • a vacant hotel room; • inventory that has been idle for an excessive period; • radio and TV time that is unsold by airtime; • vacant land; • unrented office space; • unutilized labor pool; • furniture, fixtures and equipment in storage; • your own time and specialty (especially if licensed) In some cases, the passage of time renders an asset useless such as in the case of an empty airline seat once the plane departs or hotel room that goes unsold and unoccupied. Others are simply wasting away as time passes. A Reciprocal Trade Exchange harvests the value of such an asset by exchanging it for something you need or can use. Vacant hotel rooms can be exchanged for advertising or food credits at a restaurant which can then be used to build packages for potential hotel guests. Vacant office space can be exchanged for accounting services or architectural services.Advertising space can be exchanged for a cruise. The list is endless. However, it is time-consuming and requires special skills. A Luzimen professional who is highly skilled in this specialty discipline can assist you in determining the extent and value of your nonperforming assets. This same professional can develop and implement a Reciprocal Trade Exchange plan to harvest the value in these non-performing assets.
Develop a Commercial Pro Forma
"When you are seeking financing for a new development, an acquisition or business purchase, your lender/investor will require a comprehensive development proforma and a comprehensive operating proforma. It is an integral element of your business plan. A development proforma informs the lender/investor of the entire development costs of a project to see if the project makes sense financially and to justify the loan or investment in your project. An operating proforma informs the lender/investor of the projected income, expenses and profit or loss of the development or business. A proforma must be correct, well documented and defensible. These tools are a requirement to secure quality financing and investment. The Luzimen Group has extensive experience in developing proformas for real estate and business developments. A properly crafted proforma can significantly increase your chances for success.
Your company is in trouble. Nothing you are doing is working.
Banking problems: employee issues; sales volume is down; profit margins are dwindling; or non existent, every day brings a new crisis.
Stop the death spiral now.
An independent third party intermediary from Luzimen can assist you in restoring the basic elements and confidence in your company's platform.
Tribal 8(a) Teaming
There is 8(a) status and then there is Tribal 8(a) status. There are many designations that carry weight in the business world, but at the top of that list of importance when partnering, is the Tribal 8(a) designation. A Tribal 8(a) partner can bring valuable benefits by attracting Government and Corporate buyers and Contractors due to this status. Whether your business is in the construction industry or financial services, a Tribal 8(a) partner can be the key to securing those hard to get contracts for products goods and services. Luzimen has direct relationships with high quality, discerning Tribal 8(a) participants. If the transaction makes sense, it is likely that if packaged and presented properly, the appropriate Tribal 8(a) partner can be secured.
No one wants to deal with powerful taxing authorities. It can be intimidating, frightening and threatening. The subtleties and nuances of interacting with such entities must be understood in order to have positive outcomes. What approach should I take? Should I make an offer? How much should I tell them? Am I in trouble? These questions can hound you and cause you undue stress. A qualified Luzimen agent working on your behalf can replace the aggravation and turmoil associated with dealing with taxing authority agents. Further, we are compensated only if we are successful. With nothing to lose, ask a Luzimen professional to analyze your unique situation and assist in preparing and implementing a plan of action to resolve your tax issue. In confidence.