How to get a small business loan after Bankruptcy?

Get a Small Business Loan after BankruptcyBankruptcy can affect your business devastatingly, but it does not mean that you cannot make a fresh start. But before you think of getting a loan, always think through the consequences i.e. you will personally be responsible to pay debts if your business fails again and as well you will not be eligible to file a bankruptcy again. So it is always wise to access the reasons that have caused financial downfall in the past in order to avoid them in future. Here are some tips by following which you can improvise your chances of getting a loan after Bankruptcy:-

  • Rather than contacting influential and distinguished banks, contact community banks as the authoritative banks through their automatic screening process will deny you immediately after considering your credit score.
  • Try to establish contact with the banks which specialize in small business lending or you can also negotiate with regional non-profit investment funds through the personnel of economic development department, as these agencies grant loans to small businesses in low-income areas.
  • Before you contact any of the potential lenders, make sure that you have a streamlined and well-defined business plan for presenting them.
  • Your chance of getting a loan increases, if you are able to show your lenders that your debts are running minimum since bankruptcy. Show them the evidence in form of statements; showing your mortage or rent payments, vehicle instalments etc.
  • In order to get your loan approved; show your lender that you have consistent income since bankruptcy and with this income you will able to repay the debt.
  • Attach a brief explanation of the reason that leads to the bankruptcy with your loan proposal i.e. whether it is a divorce, auto accident, chronic illness or major trauma injury. This information may help the lender to determine your eligibility for the loan.
  • Try to locate lenders who specialize in small business loans and seek information about their terms and conditions. Your local chamber of commerce may also suggest you the names of lenders who provide such loans.
  • Seek the help of a friend, colleague or a family member with good credit score. If they agree to co-sign a loan guarantee for you; it is definitely going to enhance your chances.
  • Ask for a smaller loan amount initially and gradually work your way up to a larger sum i.e. after you have made positive and consistent earning records.
  • While filing a business loan application with a bank; always present a viable business plan along with it. Because your business plan is the most crucial element for the bank to choose you as a viable candidate.

 

If you have any queries regarding filing bankruptcy and its pros and cons; Contact to Wani & Associates P.C. Our compassionate and acknowledged attorneys through their incessant services and efforts will assist you to resolve any of your bankruptcy related issues

DIP (Debtor–In-Possession) Financing

What is DIP (Debtor–In-Possession) Financing and how is it beneficial for distressed businesses or companies?

Debtor-In-Possession Financing or DIP Financing is offered to the companies when they file for Chapter 11 bankruptcy under the US bankruptcy code. Moreover, it provides the distressed businesses with the cash flow or financial resources that they need to meet business expenses and as well help them to turn up quickly from the bankruptcy.

What do we mean by DIP Financing or Debtor-In-Possession Financing?

DIP Financing is a special kind of funding granted to the companies under financial crisis and as well under Chapter 11 bankruptcy process. It is also unique from other financing processes because of its superiority over existing debts, equity and other claims. It gives financially distressed companies a chance to make a new start but under the restricted terms and conditions.

What are the benefits of DIP Financing to the companies facing financial crisis?

DIP Financing resolves myriad of the purposes of the debtors including:

  • Allows the debtors to operate during the Chapter 11 bankruptcy
  • Provides protection to the pre-petition lenders as well for their outstanding debt
  • Helps to keep positive cash flow and operations up and running
  • Provides time to the companies to resolve their issues with their stakeholders, lenders and purchasers
  • Enables the companies to take advantage of market opportunities
  • Assists in meticulous liquidation of  few or all the assets of a debtor
  • Lessens the risk of delinquent debt
  • Provides companies a platform to grow and  as well offers substantial flexibility
  • Re-establishes suppliers’ and customers’ confidence and faith in the company by providing uninterrupted services to the customers and meeting the obligations of the suppliers
  •  Provides funds to the companies to work out a resolution with the lenders before going to the court, thus  helping the debtors to appear in bankruptcy court with  a pre-packaged settlement
  • Crucial to difficult restructuring process as it accelerates the cash flow.
  • If managed  and executed properly DIP Financing can result in rejuvenilled  business and reduced percentage of debt in the balance sheet

Contact Wani and Associates P.C., if your business is facing any economical or financial crises. Our experienced and acknowledged team will lend you diligent support and advice to help you to turnaround your distressed business.  

Why should you Hire an Immigration Attorney?

Immigration Laws are the pathways that guide you about the terms and conditions that you should follow to be the citizens of the U.S. But the U.S. immigration law is very complex and it is always advisable to render the services of an eminent and professional immigration attorney to go through this complicated yet necessary process successfully. An acknowledged attorney can assist you in several ways including the following:

  •          An immigration attorney provides you guidance and counselling regarding visa applications, green card, citizenship, naturalization, deportation issues etc.
  •          If required, they would also act as mediators between the clients and immigration authorities like USCIS.
  •          Immigration lawyers also help you to submit application if you ever have been convicted of a crime.
  •          They assist to appeal for denied applications and also counsels you about re-applying and reasons of denial.
  •          An immigration lawyer can help you to file the application, if you are denied of entering U.S. because of a medical situation or condition.
  •          They can even help to accelerate your processing  in case of unduly delays; as they are well aware about the deadlines and waiting time involved in the process
  •          They help you in filing employment based visas and as well make sure that your employers are fulfilling their obligations
  •          Immigration lawyer prove highly supportive if you file visa on marriage basis and your marriage terminates before the conditions are removed from your permanent resident status. They help to prove that your marriage was not a fraud.
  •            Immigration lawyer also help you if your children reach the age of 21 before the permanent resident status is granted; as the immigration rules differ for children below and above the age of 21.
  •          Attorneys also help you with the additional documentation and paperwork asked by USCIS, in order to eliminate delays.
  •          They assist you with your citizenship tests and also help you to attain immediate access to citizenship, in case of an emergency.
  •          Immigration laws change often and immigration lawyers keep updated with those changes and see to it that you are filing according to the new validated rules
  •          If required, they also represent you in front of the appropriate government agencies.
  •          They also suggest you alternate ways to file your application because if you are denied on one basis; can find the approval according to another criterion.
  •          They also assist you with changing your immigration status.

Contact Wani and Associates P.C. for any of your immigration visa related needs and issues. Our acknowledged attorneys with their relentless service and efforts will help to resolve your immigration related issues and save your application from rejection. 

Essentials for Filing Bankruptcy

Which Factors should you Consider while Filing Bankruptcy?

 

Bankruptcy Attorney

Bankruptcy Attorney

Filing bankruptcy is like pressing the financial restart button as it enables the debtors to start afresh and resolves their major financial problems. But you consider filing Bankruptcy only when your debts become unmanageable, your expenses exceed your income and you are threatened with wage garnishment, foreclosure or repossession. Also it is very crucial to choose the right time to file bankruptcy as you can not file another bankruptcy easily.

Below mentioned are the factors that you should consider when filing bankruptcy:

  • Types of Bankruptcy: Before filing bankruptcy you should discuss with your attorney that your circumstances are in accordance with which type of bankruptcy chapter and should file accordingly. There are two main types of bankruptcy. ; Chapter 7 and Chapter 13. Under Chapter 7, all the debts are discharged or cancelled but Under Chapter 13, debtor has to repay the whole or parts of debts over three or five years.
  • Varying Eligibility: Every State has its own set of rules or standards regarding your asset custody, income and expense limits to define whether you can file bankruptcy under Chapter 7 or Chapter 13. Attorney’s fees and filing fees also vary from state to state.
  • Possession of Assets: Bankruptcy does not bereft you of all of you belongings or possessions. You can retain your personal property like; electronics, household furnishing and exempted articles. But retaining of larger assets like; your home or car again depends upon your state laws, type of bankruptcy and your finances.
  • Cost of Filing Bankruptcy: Cost included depends upon your attorney and your location as well. But with Chapter 13 bankruptcy, you can also include your bankruptcy filing costs in plan and pay them over three to five years. Initial consultations are usually free.
  • Credit Counseling Classes: It is mandatory to receive credit counseling classes from an approved non-profit budget and credit counseling agency, 180 days before filing a bankruptcy.
  • Search out your Creditors: Go to http://www.annualcreditreport.com to search out a whole list of creditors you owe to, as you need to add all the creditors on bankruptcy filing.

 Which are the debts that can not be discharged or cancelled under Bankruptcy?

  • Debts owed over $500.00 for luxury goods, purchased within 90 days of filing for bankruptcy
  • Any cash advances of $750.00 or more taken on credit card within 70 days of filing bankruptcy
  • Any Federal, State and Local income taxes that are due since last three years
  • Any Student loan that is due since last 7 years
  • Child support and alimony payments ordered by court, along with other divorce related debts
  •  Any court ordered fines and criminal restitutions
  • Any debt for death or personal injury cases caused while driving intoxicated
  • Debts that are not enlisted on Bankruptcy Petition
  • Any debts that arose after you  filed for bankruptcy
  • Any ‘Reaffirm Debt’ i.e. you have an agreement with the creditor that you will repay the debt, despite of including it on your Bankruptcy list.

What is your Do’s and Don’ts list for filing Bankruptcy?

  • Ensure that you have  submitted all the required paperwork and forms to your attorney on or before the requested date
  • Fill out all the required information and include all the necessary schedules and forms. If you submit incomplete documents; Bankruptcy Court may dismiss or deny your case or you have to file additional paperwork or pay more fees for that
  • Comply with all  the requests and requirement made by court, if you have any queries consult  your attorney immediately
  • Never make an attempt to hide or provide any inaccurate information about your assets, transactions, debts, income and expenses and financial history. Any fake or false information can subject you to 5 years in-prison and/or $ 500,000.00 fine
  • Never damage or hide any property within or after 1 year of filing bankruptcy to intentionally defraud your creditor as you would be subjected to above said penalties
  • Do not make false statements to court or attorney
  • Do not run after the ads that boast of or commit to cut off your debts for free or at lower prices, as these are frauds or scams and would land you in more debts than before                                                                                       

Contact Wani and Associates, P.C.

If your debts have become unmanageable and you are considering to file Bankruptcy, our expert and compassionate Bankruptcy attorneys can assist you to overcome your financial crisis and to make strategic decisions. Contact Wani and Associates, P.C. to get immediate relief and protection and reset your financial course of action.

Why Choose Wani & Associates for your Bankruptcy Case

Because we will have in person consultation with you. We will discuss your case with and then you make an informed decision whether bankruptcy is a good option for you. And the best thing is you are not paying us  fee until you actually decide to file for the bankruptcy. To make an informed decision we will do the following:

Bankruptcy Attorney: $499 TO START BANKRUPTCY

Bankruptcy Attorney: $499 TO START BANKRUPTCY

  • We will go over your budget, to see what your actual expenses are.
  • We will also go over your current monthly income and statutory allowable expenses as those terms are explained below, to set up the means test, should you decide to file for bankruptcy.
  • We will go over your debts, to see how much you owe, and to whom.
  • We will advise you of your rights and duties.
  • We will explain the differences between secured claims, priority claims, and unsecured claims without priority.
  • We will tell you what debts are not forgiven (discharged) in a bankruptcy, if you decide to file.
  • We will give you a copy of this document, which contains disclosures that are required by federal law.
  • We will tell you your options.
    • You could do nothing. If you do nothing, your present (presumably unpleasant) situation will persist, then deteriorate, as creditors, one-by-one, file suit against you, and seek to grab your assets.
    • You could make one-on-one deals with your creditors. In this scenario you could be treated fairly, but remember that “fairness” is subjective term.
    • You could enter into a program where you pay the counselor or some other agency so much a month, and the agency will parcel that out to your creditors. This is called a “debt management plan.” Often there is a deal made by the agency to reduce your finance charges. Also, there is often a side deal between the agency and the credit card companies that lets the agency keep a portion of what you pay.
    • You could file bankruptcy. If you decide to file for bankruptcy we will ask you some documents, like your tax returns, pay stubs, bank statements and unpaid bills.
    • We will arrange for your counseling. You are required to have two counseling classes, one before filing and one after filing.
    • You can do your counseling by telephone.
    • You can do your counseling on-line, over the internet in our office or at your home.

 PRE-BANKRUPTCY COUNSELING

            You must use a counseling agency that is a non-profit agency approved by the Department of Justice, and you must do it before you are eligible to file any kind of case in bankruptcy. This is sometimes called the “gatekeeper” provision in the new bankruptcy law, the idea is to give you an impartial “second opinion” on what to do. We are not impartial. We are on your side. You must pay a fee for the counseling, if you can afford it. Only the very poor, those with severe medical problems or those on military duty will be excused from paying for the counseling.

Here is what to anticipate from counseling.

  1. The counselor will go over your budget, as we have already done.
  2. The counselor will go over your debts, as we have already done.
  3. The counselor will tell you there are several options, as we have already done. Among the most likely of these are the following:

 You could do nothing. If you do nothing, your present (presumably unpleasant) situation will persist, then deteriorate, as creditors, one-by-one, file suit against you, and seek to grab your assets.

  1. You could make one-on-one deals with your creditors. In this scenario you could be treated fairly, but remember that “fairness” is subjective term.
  2. You could enter into a program where you pay the counselor or some other agency so much a month, and the agency will parcel that out to your creditors. This is called a “debt management plan.” Often there is a deal made by the agency to reduce your finance charges. Also, there is often a side deal between the agency and the credit card companies that lets the agency keep a portion of what you pay.
  3. You could file bankruptcy. For purposes of this document, we will assume that you decide on a bankruptcy.
  4. Presumably, that brings you back to us.

 MEANS TESTING

There are income guidelines for the filing of chapter 7 bankruptcy. If your income is more than the guidelines, you may not be eligible for filing Chapter 7 bankruptcy.

Means testing is a two part calculation with several steps to each part that determines if you can be made to pay something to creditors. Here is the means test in a nutshell.

  • If your household income is OVER the median for your state; and
  • If after an elaborate calculation using IRS standards for living expenses;
  • You have $117 a month left over, then
  • There is substantial pressure under the statute for you to file CHAPTER 13

 The idea behind the means test is to see if you can actually afford to pay back some of the debt, even though you feel overwhelmed your current situation.

Here is the means test in detail.

  1. You give us your pay stubs for the last six months. If you cannot find them all, we will have to reconstruct them. You tell us what other revenue is coming into your home for the same time period. Exclude social security. We divide this by 6. The statute calls this your “Current Monthly Income.”
  2. If your Current Monthly Income is less than the MEDIAN INCOME for your state, and the size of your family, the means test is over, and you can go ahead with a chapter 7 filing, if you want, and if you are otherwise eligible.

If your income is ABOVE the MEDIAN, we go on to the rest of the test. Here is the rest of the means test.

  1. Subtract your expanses from your Current Monthly Income. You do not use your costs. You must use “Standard Expenses” developed by the IRS to help in collecting back taxes. As you can imagine, these standards are not particularly consumer friendly. We subtract the following.

        i.            National Standards for food, clothing, housekeeping, and personal care.

      ii.            Regional / Local Standards for transportation.

 The transportation standards were set when gasoline was about $1 less per gallon than on the effective date of the new law. We may be able to justify an upward adjustment. If your car payments put you over the allowance, you can make an upward adjustment, if you intend to keep the car(s).

     iii.            Local standards (by county) for housing and utility.

    iv.            You can probably justify an increase in any of these with proper proof.

      v.            You are also authorized to deduct certain specified items from your Current Monthly Income.

a)      Private School, with a limit of $1,650 per child per year;

b)      Actual elder-care expenses for a disabled or elderly family member.

  • We pull your credit report and go through it with you.
  • After the petition is prepared we go through it with you and make any changes/correction you may want to.
  • After you sign the petition we file it electronically. Filing of case puts and automatic stay on all your debts, means your creditors can’t approach you for payment of debts.
  • If you have secured property you may want to keep, you should continue to make the payments unless you want to surrender that property.
  • You have a trustee’s meeting after 30 days of filing the petition. We represent you in the trustee’s meeting.
  • If everything goes fine and you have no assets, you may get your discharge 60 days after the trustee’s meeting.

EB-5 Investor Visa

Green Card Through Investment or Investor Visa

 What do we mean by Green Card?

Green Card, officially known as United States Permanent Resident Card (USCIS Form I-551), is verification or identification card and as well is a lawful proof of permanent resident status of an alien in the U.S. It attests the fact that its holder, a lawful permanent resident (LPR) has officially been provided with immigration benefits including; permission to work and reside in U.S. It is mandatory for all the United States’ lawful permanent residents to carry their physical green card itself all the times.

Green Card can be acquired through different means or ways:

What is Green Card through investment or Investor Visa (EB-5)?

EB-5 or officially referred as Immigrant Investor Program was created by Congress in 1990, to restore and revive American economy through job creation and as well through capital investment by foreign investors. It also provides the investors with the freedom to choose or take any job, run any business and to live and retire anywhere in America.

What are the eligibility criteria for Investor Visa (EB-5)?

  • You must invest $1000,000 or at least $ 500,000 in United States’ commercial enterprise or in Targeted Employment Area (TEA)
  • You must have the plan to create 10 permanent full time jobs for the qualified United States’ workers (excluding the investors and their immediate families)
  • You have an approved Form I- 526, Immigrant Petition by Alien Entrepreneur
  • You are admissible to U.S.
  • The money you invest must be lawfully obtained
  • You must actively participate in the business either in managerial or policy forming role.
  • You must invest in new commercial enterprise either by creating new original business, buying a business established after Nov. 29, 1990 or buying a business and restructure or reorganize it.

 Once the foreign investor’s petition is approved, the investor and his dependents will be provided with conditional permanent residence for two years.

What are the potential benefits of EB-5 Green Card?

Green Card through Investment provides you multiple benefits including:

  • You can choose to invest and live anywhere in U.S.
  • Approximately after first 3 years, you are free to work for any other company or may not work at all.
  • Your spouse and children under 18 automatically get Green Card as accompanying relatives.
  • One investment can secure Green Card for whole of the family.
  • You can take or run any business.
  • Person of any nationality can apply.
  • No specific language is required.
  • Enjoy same privileges as U.S. citizens viz.
  1. Free public School Education
  2. Similar University fees
  3. Access Medicare after five years
  • Citizenship after five years

What are the basic requirements or supporting evidences needed for Form I-485?

You need below mentioned supporting evidences to apply for EB-5:

  • Two passport style photos
  • Form G-325A, Biographic information, if you are between 14 to 79 years of age.
  • Copy of photo identification issued by the government
  • Birth Certificate
  • Marriage Certificates
  • Copy of passport pages
  • Detailed documentation for the source of funds
  • Form I-94, Arrival / Departure record (if applicable)
  • Certified copies of Court record (if any)
  • Form I-693, Report of Medical Examination and Vaccination
  • Applicable Fees
  • The Approval notice for Form I-526 (FormI-797)

Contact Wani and Associates P.C.

Contact Wani and Associates P.C. for high quality immigration lawyer services for Investor Visa. EB-5 category is one of the most difficult and expensive categories in terms of gaining eligibility. Our diligent attorneys through their experience and intelligence will guide you through this complicated process and help you to establish your eligibility for EB-5 visa. 

How to Hire a Family Law Attorney?

Family Law Attorney

Family Law Attorneys are those who handle and practice in legal matters related to familial issues like marriage, adoption, child custody, foster care, divorce and guardianship of minor children, adults with special needs or the elderly people. Certain family law attorneys pursue in a specific niche while others offer a wide range of services.

 Why is it beneficial to hire a Family Law attorney?

Hiring a competent family law attorney can bestow you with huge benefits involving:

  • It heightens your chance of being successful in case of specific family issues like; child custody, spousal support, domestic violence, divorce, child abuse and many more.
  • Family laws are very strict and different for every state in US. Only an experienced and educated family law attorney can guide you through all these complex legal procedures.
  • It eliminates the chances of any complicated legal problems in the near future.
  • Legal services of a skilled lawyer can help you to avoid the mistakes those are likely to be made due to incomprehensible legalese (legal language).

 What are the qualities of a competent Family Law attorney?

  • He must be specialized in the State family law; as the guidelines of family law differs from state to state.
  • He must have experience in handling family law issues; only then he can understand what are their client’s urgencies and needs.
  • An experienced attorney is able to assess the pos and cons of each situation and thus take right steps or make right moves to overcome the possible hurdles.
  • A skilled attorney should be well acknowledged about the paper work involved and as well the negotiation process involved in the procedure.
  • He should keep you well informed about the visitation schedules and time agreements as well.
  •  A competent attorney should be objective in giving his opinion; only then he can work for the best interest of his clients.
  • Try to go for the attorney, who has cordial staff; as most of the time you will be working with attorney’s assistants or paralegals in case of returning your calls and preparing your pleadings.
  • A skilled family law attorney should be board certified. As to get certified, they need to go through extensive trials and rigorous tests which in turn also enhance their knowledge and experience as well.
  • Always go for the attorney who seems reliable and dependable; as you have share highly confidential and personal information with him.
  • It always works the best if you hire the attorney who is located in the county where you or the other party is going to file. As it would be very beneficial for you and your attorney as well if he is familiar with the judges, court staff and other attorneys involved in the case.
  • Go for the attorney who provides you with the copies of all the correspondence received and sent related to you case.
  • He should have sufficient courtroom experience, so that he can adept his legal strategies and style accordingly.
  • He should be qualified to provide necessary counsel whenever and wherever required.

 How to locate a good Family Law attorney?

  • Search websites offering directories of attorneys like; LawInfo, FindLaw, Lawyers.com.
  • Look for attorneys’ ads’ in local yellow pages.
  • Locate for legal referrals in American Bar Association Org.
  • Consult multiple lawyers before selecting the one to deal your case.
  • Check online reviews about attorneys on sites like; Awo, FindLaw, Martindale Hubble, Yahoo Local.

 How much will a family law attorney charge?

  • For one time events like name change or pre-nuptial agreement, attorney may charge flat fee.
  • Cases which require extensive hours of research and multiple court appearances are billed hourly.
  • Make enquiries about what an attorney would charge for the services of his secretary or paralegals.

Contact Wani and Associates,  for expert legal advice. Our well acknowledged attorneys are always at you beck and call to help you out of any of the adverse situation.