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Doing damage control.


If it looks likely that the business will fail - even with work-out attempts - damage control should be your course of action to preserve personal assets. Specifically, you need to develop a realistic game plan to protect yourself from personal loss under the terms of the guarantee.

A word of warning: If you try to tackle this process on your own, you may end up on a path that was unrealistic from the outset, only to discover your error too late in the game. You may simply be too close to the process to make the best possible decisions.

This can be an extremely important time to get the "big picture" viewpoint of an objective advisor who is very experienced in work-outs and business reorganization. He or she can help you evaluate your current situation, look at alternatives for resolution, and assist in working with lenders and other creditors to produce a realistic plan of action.

Your advisor should help you work through all the potential scenarios, including those that expose To make available. When software "exposes" certain functions, it makes those routines available to the programmer through a programming interface (API). If a company "exposes" its Web services, it is making certain services available to users or to other companies over the Web.  you to personal liability for the loan repayment. Even in the worst of circumstances CIRCUMSTANCES, evidence. The particulars which accompany a fact.
     2. The facts proved are either possible or impossible, ordinary and probable, or extraordinary and improbable, recent or ancient; they may have happened near us, or afar off; they are public or
, there may be an opportunity to limit a guarantor's exposure.

For example, principals of a failing business may be in the best position to maximize a lender's recovery on the collateral collateral (kəlăt`ərəl), something of value given or pledged as security for payment of a loan. Collateral consists usually of financial instruments, such as stocks, bonds, and negotiable paper, rather than physical goods, although  of the business. In such circumstances, an agreement may be reached with the lender that if a certain level of recovery is achieved, the guarantor guarantor n. a person or entity that agrees to be responsible for another's debt or performance under a contract, if the other fails to pay or perform. (See: guarantee)


GUARANTOR, contracts. He who makes a guaranty.
     2.
 will be released from a personal guarantee, even though the loan may not be paid in full.

David Levene is a partner with the bankruptcy bankruptcy, in law, settlement of the liabilities of a person or organization wholly or partially unable to meet financial obligations. The purposes are to distribute, through a court-appointed receiver, the bankrupt's assets equitably among creditors and, in most  and financial reorganization firm of Levene, Neale For use of 'Neale' as a personal name, see .
For people surnamed Neale, see Neale (surname)
Neale also known as The Neale (Irish: An Éill) is a small village in the south of County Mayo, Ireland.
, Bender & Rankin located in Century City.
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Article Details
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Author:LEVENE, DAVID
Publication:Los Angeles Business Journal
Date:May 15, 2000
Words:278
Previous Article:Bankruptcy Isn't Only Option for Failing Businesses.
Next Article:Dealing with creditors.



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