heather:
Other thing to consider is bankruptcy. I know, nobody wants to do that, but you should at least talk to a lawyer about it. If everyone is willing to help you as you described, and you wiped out all of your debt, you would have that truly fresh start that you need. I’m no expert on the subject, but at least go for a free consult.
Bankruptcy is a precarious venture. It has benefits when the situation calls for it . . . also the drawbacks. Certianly better to takwe the repreive and soar like an eagle to make the shop thrive like you know it can.
If you are curious, do talk to an attorney. They sometime give free consultations. Not only are there the law issues, but also the matter of the judicial atmosphere in your state.
- What follows is not legal advice, and you should consult an attorney licensed to practice law in your state * *
GA is generally pretty debtor friendly in the BK courts. Chapter 7 debt liquidation involves the trustee selliong all saleable assets. I would suspect that the restaurant would fall under a saleable asset in this situation. There are Corporate/business structure issues and personal issues and all that to consider. If you are not set up as a business structure with “corporate shield” sort of thing (C-corp, S-corp, LLC for example), then there is exposure to your personal assets including your home, car, retirement accounts, savings, stocks, and other private property/assets.
Chapter 13 is basically debt restructuring wherein you promise the creditors you are delinquent with that you will catch up you delinquencies within at least 5 years . . . you have to make all your current debt payments on time and in full, PLUS “makeup” payments to catch up your delinquencies. Judge can shut down the BK case if you get behind again.
<<No expert, either, I just worked 9+ years in Bankruptcy/Foreclosure law firms that represent creditors >>