Month: May 2019

The period starting in 1950 saw a change in the way the world is looked at,this accelerating in the 21^st Century as climate change became an important issue. One of the biggest impacts is that developers now must take a lot more care when purchasing land,as any contamination could cause them many problems and expense.

With this change came laws and regulations and environmental law gradually developed into a distinct area,one that overlapped that of construction law when carrying out due diligence on land purchases for new residential projects.

In fact more and more environmental issues came to the fore in the 1980’s than ever before,the majority dealing with prior pollution.

At the start people didn’t know quite how to handle this issue,but over time legal practices evolved and were able to include the required research into environmental issues,assisting clients identify risks associated with any purchase. Basically,purchasers need to know as much as they can at the start,so they can plan and deal with any potential issues.

This is why thinking about due diligence is so very important,especially as now,when you are building something,you have to do an environmental review. The purpose of this process for a buyer of land is to obtain as much data as possible. When things are done the right way,it helps to pinpoint if contamination is present,find the risks and determine the effect they could have on the cost and timing of the project.

In some instances there could be parts of the land that you simply can’t develop but you won’t find out until you start digging. It could be seen to be a bit of a treasure hunt as “You don’t know what you’re going to run into until you get into the ground.”

The good news is that if some contamination is found it need not be the end of the development as it as it then gives builders and lawyers opportunities to be creative. It’s all a part of dealing with the challenges and opposition to a building project.

Plus,now there is the Brownfield Cleanup Program,which provides liability protection,financial assistance and tax credits that are available when you are remediating a site and redeveloping it.

Whenever you are purchasing real estate,there’s always the concern of what occurred on that land historically,and due diligence in reality,is to make sure the buyer understands what happened in the past. Basically,due diligence can be broken down to asking the right questions at the outset of the purchasing journey,thus protecting the purchaser against liability. Once the risks are determined,clients can decide if a project is feasible and can be financed and completed on budget.

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Debt settlement works and can be very good for the debtor under the right circumstances. Whether the debtor is a consumer or a business,care must be taken in certain areas to try to ensure the debtor’s success. Whether you’re talking consumer debt settlement or business debt settlement,these are the points where debt settlement programs fail.

1. Insufficient cash flow. This is the most common reason for failure. Cash flow is relative to debt. The higher the amount of debt the greater the cash flow required for success. There’s no hard and fast rule here in terms of a ratio. It is best determined by the debtor’s goals as to how quickly he/she wants to get the debt resolved. An often overlooked factor in determining whether or not someone has adequate cash flow to succeed is how the debt is distributed among creditors. Let’s say Mr. X has $50,000 in debt distributed somewhat evenly between 10 creditors. This means he would owe each one about $5000 and there would be a fairly even and predictable flow of settlements during the course of his program. Now,let’s look at Ms. Y. She also has $50,000 in debt and 10 creditors. However,in her case about 75% of her debt or $37,000 is with a single creditor. The remaining $13,000 is distributed among the other 9 creditors with each one having no more than about a $1500 balance due. To ensure a somewhat smooth and successful debt settlement program Ms. Y is going to need a greater cash flow than Mr. X. The reason is that large account. Creditors tend to be more aggressive in their collection efforts when balances are large than they are when balances are relatively small. Even if Ms. Y’s nine smaller accounts are settled quickly,she may not be willing to deal with aggressive collection efforts over the relatively long period of time required to accrue sufficient funds to settle that large account.-
2. This brings up another common point of failure in debt settlement programs. Often times debtors find the reality of aggressive debt collectors,law suits and so on much more difficult to handle than they originally imagined,even when these things are properly disclosed at the outset of the program. No matter what a debt settlement company might say regarding their methods for handling debt collection efforts against their clients there is one thing they can’t change: The creditors are under no obligation to cooperate with any debt settlement company. They have every right under the law to try to collect the money that’s owed so long as they comply with the Fair Debt Collection Practices Act. Thus they can write,call,sue,etc until their debt is satisfied. An honest and professional settlement company discloses these things to its clients and makes sure the clients understand the above facts. After hearing all the disclosures,clients enroll and think it will all work out. Then they get their first nasty letter or phone call,for example,a collection attorney demanding payment or a lawsuit will be filed. At that point they get stressed and decide they’re better off filing bankruptcy,even though they adamantly stated they did not want to file bankruptcy when they enrolled in the program.-
3. Another common point of failure in debt settlement programs is additional financial hardship. Mr. X or Ms. Y went through something that put them into a hardship situation prior to seeking settlement help. They get all the disclosures and are willing and able to deal with the collection calls,threatening letters,lawsuits or whatever else they might encounter in the course of settling their debt. When they enroll their cash flow is adequate,relative to the amount of debt they have,for them to successfully complete their settlement program. Then at some time in the course of their program they have something else happen that further depresses their income or reduces their cash flow in some way. This could be job loss,accident,illness,disability,increased basic living expenses,divorce,etc. At this point they can no longer afford the debt settlement program and it fails.-

There can be other reasons for debt settlement programs to fail,not the least of which could be improper or incomplete disclosures to the clients as to how the program works and what they can expect.

Assuming honest and proper enrollment in a debt settlement program the above are the most common reasons for failure. Whether you’re looking into consumer debt settlement or business debt settlement,keep the above in mind and your chances of success will increase.

According to the Government’s Insolvency Service,the business insolvency total reached more than 4,000 in the first quarter as Brexit issues and the issues with the high street hit. The areas hit the hardest were in the retail trade and the vehicle repair industry.

Insolvency experts have said uncertainty over Brexit had placed firms under intense pressure as they had to stockpile more parts and goods. One expert,Stuart Frith,the president of the insolvency and restructuring trade body R3,said firms had “exhausted their standard toolkit for coping with reduced demand”. He added: “Further discounting won’t cut it,or is impossible,and a restructuring is the only option”

Increasing employment costs,business rates and Brexit had taken their toll on smaller firms as uncertainty is a critical negative issue for small firms and the self-employed.

The level of administrations in the first three months of the year also rose to 451,up 218% from the final three months of 2018 â this being the most recorded since the first three months of 2014

Poor trading figures over the crucial Christmas shopping period did not help,subdued levels of consumer confidence being blamed here. There are around 481,000 British businesses in great distress and are exposed to a real risk of becoming insolvent.

One of the best ways that businesses can guard against insolvency is to make sure that their credit management and accounting systems are strong enough to retain the required level of liquidity.

Is your business threatened by insolvency?

One way to survive is to get a capital,but in these difficult times it can be hard to find a lender,which can mean dealing with difficult bankers. But there is another way if you trade with other businesses and are often paid late. This little known source of capital within your company is just waiting to be activated and better still you could be entitled to significant compensation

Antony Batty does all the hardwork for you.

We understand that most companies do not have the resources or knowledge to spend time on the identification and calculation of Late Payment Compensation. We can produce a report very quickly,most often only needing a few hours of our client’s time.

Clients do not have to handle any part of the recovery process as the Antony Batty team will carry out all the communications with the companies concerned.

We do all the work,you receive the money and if you have been paid late on a regular basis,you could be due significant sums in late payment compensation.

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When debtors hear the word debt reduction,a lot of them sit up and listen. Reducing the amount of your debts will do wonders to your budget and who does not want that?

As appealing as it may be,not everyone is qualified to enter into this program. Also known as debt settlement,this type of debt relief aims to negotiate with a creditor or collector to agree to a reduction of your outstanding balance. It involves some serious haggling as you convince the creditors to accept the amount that you can afford to pay.

The thing about this debt relief option is there is no certainty as to how much you can end up settling. Sometimes,creditors will not agree to any arrangement at all. That is why debt settlement companies impose qualifications to make sure they represent only the right debtor.

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So what are the qualifications that will get you accepted into a debt reduction program?

First and foremost,you need to have the right kind of debt. Most of the debts that can be reduced are unsecured loans,unpaid medical bills,credit and store card debts,selected personal debts and other credit unions. Secured debts cannot be settled because of the presence of the collateral that the creditor can acquire when the debtor defaults on their payments. Other unqualified debts include child support,student loans and selected personal loans with a bank that you currently have an account with. Most debt relief companies offering a reduction program will require a debt of $7,500 or more.

Once you have satisfied this qualification,you will be assessed on the extent of financial hardship that you have. Only those with evident financial troubles will be accepted by legitimate debt settlement companies. No one will represent a debtor who only wishes to escape high fees even when they are more than able to pay for the minimum of their debts.

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So if you cannot afford even the minimum of your debts,you can apply to a debt reduction program. Another indication that you qualify is when you have fallen behind on your payments – or at least when you are about to fall behind. If you have been trying to avoid bankruptcy but is about to give up hope,this is a debt relief that you can pursue. If you are able to pay for your debts consistently,the creditor will not settle – seeing that you have the funds to afford payments.

Most people who experienced job loss,a sudden illness,and divorce are good candidates for this program. These are the main culprits in lowering the income significantly. One minute,you can afford your payments and the next,you are struggling with accumulating debts without the income to pay for them.

Every debt reduction scenario is unique so you can still approach a debt relief company. At the very least,they can assist you in figuring out the best course of action that is suited to your financial capabilities. Most legitimate debt relief companies (even for-profit companies) provide free initial consultations so you can take advantage of this to educate yourself. Just be wary of who you will sign a contract with and make sure they are trustworthy and reliable.-

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