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Banks, Bankruptcy, and You

Bankruptcy and YouThe major overtone of a recently published Charlotte Business Journal article on banks and living wills was related to the resolutions proposed by five of the largest major banking institutions in the country. As the article provided, two of the banks in our own backyard, Wells Fargo and Bank of America, failed at their attempt to convince federal regulators that the resolutions they provided were prudent enough to ensure that they will not fall prey to the same outcome as the Lehman Brothers bankruptcy in 2008. While it is doubtful that either bank will ultimately file bankruptcy, this article provides a good reminder for individuals who are business owners, and to all of us as consumers, to check in and re-evaluate our finances regularly.

To grasp your financial outlook, it is crucial to understand that debts are the necessary evil to thrive as a business or individual (For example: mortgages, revolving business line of credit, etc.) compared to the debts that are crushing the disposable income of a household or the necessary reserves of a business. Most commonly known, credit cards, unnecessary car payments, and home equity lines of credit are the vices that chew up a consumer’s disposable income. Conversely, what typically cripples a business are high interest loans obtained through “loan sharks,” daily merchant receivables paid through debit card transactions, unfavorable terms within a commercial lease, or the mere over-leveraging of the business.

As was the case with both Bank of America and Wells Fargo in increasing their high-quality liquidity assets, equally important for the individual and business owner is to evaluate which assets are needs versus wants. Many times businesses grow too fast through internal growth or external acquisition(s), and sometimes, that acquisition merely does not provide the return anticipated. See Bank of America’s acquisition of Countrywide Financial. For individuals, the nature of acquiring too much is the byproduct of attempting to keep up with the “Jones” by piling up credit card debt or purely being house poor.

If your personal finances are upside down or your company is struggling to make payroll because of past financial decisions, it probably feels as though you simply need a “bailout” like one that was given to some of the country’s major institutions in 2008. The good news is there are options available such as an out of court settlement, and in some cases, the “B” word…Bankruptcy.

Understandably, Bankruptcy can be a difficult decision for any company or individual but making that crucial decision can provide the necessary reprieve from the financial burdens being felt by the individual or the company. As is the case with your estate and business planning needs, it is imperative that you seek a qualified workout or bankruptcy attorney that can provide the professional guidance in helping you navigate back to the other side of financial prosperity and freedom.

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Written by

Nicole Sodoma

Founder and Managing Principal

The nicest compliment I’ve ever received about Sodoma Law was from a judge who described us as “smart, tenacious, and compassionate.” When clients come to us in the middle of a divorce or a custody battle, they deserve that blend of qualities from each of our family law attorneys. They need family law attorneys who will fight for them in the courtroom and empower them to achieve their goals at a difficult time in their lives. When I opened the doors to Sodoma Law in 2008, I wanted to build a team who would help every client navigate the hurdles of separation and divorce with empathy and determination – in and out of court. I wanted to surround myself with people who live and breathe family law like I do. This practice is my passion; it’s not my job, but rather, who I am. In hindsight, I have to believe that the events of my childhood led me on this path. I often joke with my family that my experience as a child of parents with “irreconcilable differences” predestined my career. As a family law attorney, I feel the advantage of understanding the experience of separation and divorce through the eyes of an adult and as a young girl. That experience was fraught with anxiety, especially at the beginning. I believe it’s our job, as family law attorneys, to educate our clients on their various legal options so as to reduce that anxiety and allow them to feel more in control of their cases. At our firm, each attorney and staff member believes not only in their ability to make a difference in a client’s life but also their ability to be supportive of a client’s emotional, spiritual and physical well being. After more than two decades of practicing as a family law attorney, I know that when our clients contact us, they are typically making one of the biggest decisions of their lives. They each have somehow empowered themselves enough to make the journey to change what he or she has known… whether it was for one year or twenty years. I understand it is not always hard for everyone, but change affects us all. I see it with my clients. I saw it with my own parents. Working with someone you trust is critical. From the moment we discuss your case, you will know that I will always do my absolute best to handle your concerns as if they are my own.

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