Restructuring, settlement and default are three different transactions
They get discussed interchangeably on the phone. They have different requirements, different paperwork and different consequences.
Drafted with AI assistance. Not yet independently checked. Nobody has verified the claims on this page against a source, so treat the figures and legal points as a starting point rather than as settled, and confirm anything you are about to act on. How we check things.
Which of the three is available depends less on your intentions than on two facts: how much cash the business can generate in the next ninety days, and which desk currently holds your file. Work out both before you choose a direction.
Restructuring
The same obligation with changed terms. The balance is generally unchanged; what changes is the pace — a smaller daily or weekly amount, a longer horizon, sometimes a short deferral with the missed amounts added to the end.
Settlement
The holder accepts less than the balance and releases the claim. It happens, it is not owed to you, and nobody can compel it.
Default
Not really a choice — a state you end up in. Its practical content is the remedies section of your agreement: fees, acceleration, enforcement of the security interest including notification of your customers, demand on the guarantee, suit, judgment and post-judgment enforcement, or sale of the account to someone else.
It also has costs that are not in the contract. A judgment is a public record. UCC filings sit visible to the next underwriter. Bank statements showing returned items follow you into every application for as long as they are in the lookback period. Those consequences outlast the balance.
What a restructure buys, priced
Restructured to $700 a day, the same $96,000 takes 137 banking days, about 6.5 months, at $14,700 a month. The relief is $10,500 a month and the extra time is roughly 57 banking days.
The total does not change. On a fixed-cost product you are buying 57 banking days of breathing room for no additional cost, which is the best trade available in this article — and it is only available before the arrangement breaks, because a holder that has already written the file down prices the second conversation differently.
What to check in the amendment: that the balance is stated and agreed, that no new fee has been added to it, that the guarantee has not been broadened, that no confession of judgment has appeared, and that any reversion date and amount are explicit.
Before you make the call
Have these ready, because the first question will be some version of what you can actually pay.
- The last four months of bank statements
- Every open position, with balance, payment amount and frequency
- A short, factual account of what changed and when
- One number: the daily or weekly amount the business can sustain, computed from gross profit less fixed costs, not from hope
- What you can put up front, if anything, and on what date
Offer a specific figure with a start date. A proposal that names an amount gets evaluated. A request for help gets a script.
Which desk holds your file
This determines what conversation is possible.
Ask which one you are speaking to. It is a fair question and the answer changes what you should propose.
This is general information, not legal advice. Restructuring and settlement documents create binding obligations and waive rights, and a lawyer licensed in your state should review any of them — and read your original agreement — before you sign.
Where this applies
Related questions
What does this guide cover?
They get discussed interchangeably on the phone. They have different requirements, different paperwork and different consequences.
Which funding products does this apply to?
Merchant Cash Advance, Working Capital, Term Loan, Revenue-Based Financing. Each has its own page listing the funders in this directory that offer it and what each one publishes about its terms.
Are the figures here quotes?
No. Every worked example is labelled illustrative and exists to show the arithmetic. What a particular lender charges is on that lender's page, where it publishes it at all.
Who writes this?
The Find Me Funders research desk. Some drafting is AI-assisted, and every page that is says so at the top, including whether a person has checked its claims yet.
How do I know a figure here is right?
Where a page carries the green notice, its claims were checked against the sources listed at the end and a reviewer is named. Where it carries the amber one, nobody has verified it yet and you should confirm anything you plan to act on.
Are the examples real deals?
No. Every worked example is labelled illustrative and exists to show the arithmetic. What any particular lender charges is on that lender's page, where it publishes it.
Why do you never say what a typical rate is?
Because we cannot source it. A market average assembled from lenders who do not publish prices is a guess with a decimal point on it. Where a lender publishes a figure, we show that figure and say where it came from.
Is this financial or legal advice?
No. It is general information about how these products work. Outcomes depend on your contract and your state, and a lawyer or accountant licensed where you are is the person to ask about your situation.
Can I reuse this content?
Quote a paragraph with a link back. Do not republish whole articles.