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Featured
Featured · October 28, 2026 · 7 min read

What should directors and officers consider before an assignment for the benefit of creditors?

More and more firms are winding down in orderly fashion via so-called “ABCs” or “assignments for the benefit of creditors.” An ABC is often seen as an attractive choice by companies and their directors and officers.…

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Delancey Editorial
Delancey Team
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HOW

October 28, 2026
How does Connecticut’s new law change prejudgment attachment waivers in merchant cash advance lawsuits?
Connecticut’s “prejudgment remedy” or “PJR” may allow creditors to attach a debtor’s bank accounts before a final judgment, subject to legal requirements. Because an…
DE Delancey Editorial

WHAT

October 28, 2026
What is a UCC filing and how does it affect my business credit?
A UCC filing does not change your credit scores directly. It can affect your ability to get new financing, though, so it’s important to…
DE Delancey Editorial

HOW

October 28, 2026
How does an assignment for the benefit of creditors work in California?
In California, an assignment for the benefit of creditors (an “ABC”) is a contract between an insolvent entity (the “assignor”) and an independent third…
DE Delancey Editorial

SHOULD

October 28, 2026
Should a struggling company sell assets through a Section 363 sale or liquidating plan?
Let’s take an example. XYZ Company borrows from ABC Bank on an asset-based loan with a borrowing base. It’s now in breach on its…
DE Delancey Editorial

HOW

October 28, 2026
How can I become personally liable for my Florida LLC’s debts?
Florida limited liability companies (LLCs) generally limit members’ liability for company debts and allow flexibility in business structure. An LLC member generally can’t be…
DE Delancey Editorial

CAN

October 28, 2026
Can a merchant cash advance be challenged as a usurious loan?
A merchant cash advance is generally structured as a purchase of future receivables. Whether a transaction is legally a loan depends on its terms…
DE Delancey Editorial

CAN

October 28, 2026
Can my business still get funding after defaulting on a merchant cash advance or loan?
When owners find they can’t afford their MCA payments or loans, a lot of them try to patch things up by looking for a…
DE Delancey Editorial

HOW

October 28, 2026
How do merchant cash advances work, and what if my business can’t repay?
When traditional banks say no, small business owners are turning to alternative lenders who are all over the Internet. The ads sound really appealing:…
DE Delancey Editorial

WHAT

October 28, 2026
What debt relief options do I have for personally guaranteed merchant cash advances?
If you own a small business that’s having a tough time, you’re not alone. Cash flow is tight, and making the monthly bills is…
DE Delancey Editorial
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Insights

Top questions

What is business debt settlement?
A negotiation process where a business resolves its commercial debts (MCAs, SBA loans, equipment finance, lines of credit) for less than the full amount owed, typically by demonstrating financial hardship. Distinct from bankruptcy, settlement is a private contractual agreement.
Is it the same as Chapter 11?
No. Chapter 11 is a court-supervised reorganization. Settlement is a private negotiation, faster, less public, and usually cheaper. We sometimes refer clients to Chapter 11 when the math favors it.
Will it ruin my credit?
Defaulted accounts are reported regardless of whether they are settled or not. Settlement actually shortens the period of damage by closing the account.
How long does it take?
Every engagement is different. Timelines depend on the number of positions, whether litigation is filed, and how each creditor responds. We do not publish averages because publishing one would set an expectation we cannot honor for every business. We give you a written, engagement-specific timeline at the end of the first call.
What does it cost?
Our fee is a percentage of your total enrolled debt. We tell you exactly what we'll charge in writing before any work starts.
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