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Business Debt Relief Options for Restaurants Struggling Due to COVID-19

March 21, 2024 Uncategorized

Business Debt Relief Options for Restaurants Struggling Due to COVID-19

The restaurant industry has been one of the hardest hit by the COVID-19 pandemic. With lockdowns, capacity restrictions, staff shortages, and now inflation, many restaurants are struggling with overwhelming debt. However, there are options for relief that restaurant owners should explore before deciding to close up shop. This article provides an overview of debt relief programs, loan modifications, bankruptcy protection, and negotiating tactics restaurants can use to ease their financial burdens.

Federal and State COVID-19 Business Relief Programs

The first place for struggling restaurants to look is COVID-19 business relief programs offered by federal, state, and even local governments. The most well-known federal program is the Restaurant Revitalization Fund (RRF), which offered restaurants grants equal to their pandemic-related revenue loss, up to $10 million per business. Unfortunately, the RRF’s $28.6 billion in funds has already been exhausted
1
. However, it doesn’t hurt to search for COVID-19 business relief programs in your state or city to uncover any grants or low-interest loans that your restaurant may still qualify for
2
. The terms and availability of these programs vary widely, so restaurant owners need to conduct their own research.

Loan Modifications from Lenders

If your restaurant took out any business loans before or during the pandemic, the next strategy is to contact those lenders and negotiate loan modifications. This could include reducing the interest rate, extending the repayment timeline, lowering monthly payments, or even partial debt forgiveness. Lenders want to get repaid, so if they see COVID-19 has severely impacted your revenue, they may be willing to modify the loan terms rather than see your restaurant go bankrupt.
When negotiating, be prepared with financial records that demonstrate COVID-19’s impact on your restaurant’s revenue
3
. Help lenders understand why you need relief and how it will allow you to eventually repay the debt. Approach negotiations in a spirit of finding a “win-win.” Offer to provide regular financial updates or commit to renegotiating the terms again in 6-12 months. Bring your accountant or financial advisor to help make the business case for a loan modification.
If your existing lenders refuse to budge, look into refinancing your business debt through state small business aid programs
4
or alternative lenders like online loan brokers and merchant cash advance companies. While the interest rates may be higher, it could help ease your short-term cash flow issues.

Chapter 11 Bankruptcy Protection

If loan modifications or refinancing won’t be enough relief, Chapter 11 bankruptcy may be an option worth exploring. Under Chapter 11, struggling businesses can reorganize their debts under court supervision versus completely liquidating assets. The automatic stay immediately halts collections, foreclosures, repossessions, and lawsuits so you can focus on restructuring the business.
The goal of Chapter 11 is to negotiate a confirmable repayment plan with creditors that allows the business to get back on steadier financial ground. These negotiations take place under close court oversight to ensure fairness. Sometimes creditors will agree to reduced debt balances, lower interest rates, delayed repayment, etc. to avoid the legal fees and uncertainty of forcing liquidation.
However, Chapter 11 bankruptcy also comes with significant legal fees in attorneys and court costs. And not all businesses successfully emerge from the process. An experienced bankruptcy attorney can analyze your situation and advise if Chapter 11 is a viable path forward.

Negotiating with Creditors

Before taking the dramatic step of bankruptcy, restaurants struggling with debt should also reach out directly to their creditors like vendors, suppliers, contractors, and tax agencies. Explain how COVID-19 has impacted your business finances and see if any temporary relief or alternative payment arrangements can be negotiated.
The key is transparency about your situation and showing how their flexibility now allows you to repay the full amounts later when business rebounds. Offer payment plans, postdated checks, or partial payments as good faith gestures. Enlist your accountant to help prepare financial statements proving COVID’s impact and your future repayment ability.
If polite requests and good faith offers don’t produce results, don’t hesitate to elevate matters to supervisors and management at the creditor firms or agencies. Go up the chain of command to find someone willing to work with you. While frustrating, remember that staying calm and constructive in these negotiations serves your interests best.

Explore Rent Relief with Landlords

Rent is typically one of the largest fixed costs for restaurants, so getting some temporary relief from landlords could make a big difference. Review your lease agreement to understand if there are any provisions allowing for delayed or reduced rent in extenuating circumstances like pandemics.
If your lease doesn’t address this, appeal directly to your landlord explaining how COVID-19 has affected your business. Provide documentation to quantify the financial impact. Offer to repay a portion of deferred rents or extend the lease term once business recovers. Suggest tying reduced rent to percentage revenue milestoness as you rebuild.
Landlords obviously rely on rent to meet their own financial obligations. So the key is helping them understand it’s in their best interests to grant some temporary flexibility rather than lose a tenant. Keep negotiating politely and creatively until you reach a reasonable compromise.

Help from Community Supporters

Don’t forget to tap into your local community for support during these difficult times. Loyal customers may agree to purchase gift certificates or merchandize to provide much-needed cash flow boosts. Set up online fundraising campaigns explaining the restaurant’s situation to appeal to their emotions. Consider offering naming rights or special recognition for significant supporter donations.
If your restaurant has been an active supporter of community groups pre-pandemic, now is the time to call in some goodwill. Reach out to organizations you’ve donated meals, catered events, or provided meeting space for in the past. Explain the challenges you’re facing and ask if they can urge members to provide financial support. Even small community efforts can help at the margins.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Stay Resilient and Hopeful

The past two years have tested restaurants like never before. But the industry has shown incredible resilience and signs of recovering as the pandemic wanes. Owners should stay vigilant in monitoring business finances, adapting operations to offset inflation, and taking advantage of every debt relief option available. With patience and perseverance, restaurants can survive the storm. There continues to be reason for hope as we build towards a prosperous post-pandemic future.
Disclaimer: This article provides general information about legal options and negotiating strategies. It should not be construed as formal legal or financial advice. All struggling businesses should consult licensed professionals like attorneys, accountants, and financial advisors to understand options in their specific situation.

References

[1] Restaurant Revitalization Fund (RRF)
2
Business Debt Relief Options for Restaurants


3
SBA Debt Relief Options


4
New York State COVID-19 Business Relief

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CLAIRE BANKS

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RAJESH BARUA

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