Must-Know Tool for Trusted Advisors with Distressed Clients
With so many businesses expected to default as stimulus runs out and bank forbearances come to an end, business owners need answers.
A must-know alternative to bankruptcy (or taking on more debt) is a re-organization under Article 9 of the Uniform Commercial Code.

Through an Article 9 sale of the business assets, your client’s business can be fully preserved under new ownership with all debt removed.

So why would a business owner agree to give up ownership?

  • First, owners are incentivized with an employment agreement in the newly formed entity, allowing them to generate income from the new company (initially in a non-ownership capacity such as President or CEO).
  • Second, through their earning potential in the new business entity, your client can resolve personal guaranties from the old entity while seeing the business they built thrive once again. While they cannot have an ownership interest in the near term, there is no prohibition against earning an equity position in the new company once all PG’s have been settled.
Best of all, this process is streamlined, taking only 45-60 days and at a fraction of the cost of a traditional bankruptcy.
This is the ultimate solution to business distress that preserves the livelihood of the owner, the business, employees and future opportunities.
I can’t wait to tell you more. Stay tuned.
I’m planning on recording a Zoom interview with the CEO of Second Wind Consultants on the UCC Article 9 process. Second Wind has conducted thousands of these transactions and every trusted advisor needs to understand this option.
Thank you for your interest!
Gary Nacht
(732) 406-0377
Can't wait to learn more?