Thursday, June 16, 2016

Providing Financials to Creditors

During the course of some settlement negotiations, a creditor may request copies of a recent Balance Sheet and Profit / Loss Statement in order to justify allowing a discount on a claim.  Copies of recent tax returns may also be requested.

Providing this requested information is entirely optional.  However, if the information is readily available and supports a financial need for a discount, I usually recommend my client provide the requested documents.  I can review the information prior to sending to the creditor to ensure there is no data included that might adversely affect settlement negotiations.  If desired, I can also request a non-disclosure agreement from the creditor.

If, for any reason, this information is not readily available or if the data does not support a need for a discount on the claim, I can usually steer settlement negotiations away from this topic and move forward for satisfactory settlement terms.

Scott F. Soape

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