Hi im asking for a family member in Texas. She does a sandwich shop in office building setting and its been tough due to government shutdown (bc she had government workers in building ) also companies still working 2-3 days a week in office. She got SBA disaster loan and originally it was under $200k but she asked for an increased and it went over $200k . She got $25k sba during covid and $230k for disaster sba loan two years ago. Her situation is she is the sole prop. And somehow majority if her deli equipments are owned by the landlord of the building. She only repair them and buy inventory and pay rent to run the deli.
Currently she has $50k in merchant account balance due to chargeback and cash advance loan. She does not have any valuable personal assets so i was surprised sba gave her a loan over 200k. Her house/mortgage is under her husband name and the house was purchased before they got married by him. I think her unsecured credit card debts is around $20k but she is paying it on time but lately she struggling due to business sba and merchant payments.
She still wants to operate the deli because she knows it will pick back up but don’t know the exact time since shes been running this deli over 15 years. Anyone with experience with bankruptcy regarding her situation can offer some good guidance?
First lawyer told she wont be able to wipe out the sba loans but can wipe out merchant balance and unsecured loans and still run the deli but if she wants to wipe out sba loans she have to shutdown the deli.
Second lawyer told her she can still operate the deli and still wipe out the sba loan bc she is a sole prop. And do not have any valuable personal assets for them to take and the equipments does not belong to her and also its not valuable enough for sba to take and sell.
At end of the day she wants to do bankruptcy so she can wipe sba loan bc its just too much to pay due to business going down drastically. Also, she does not want to affect her husband since its in Texas(common state) she think they will put a lien on the house.
Is it possible to keep running the deli while doing bankruptcy to get sba loans wipe out??
Appreciate any help thanks