Commercial Finance

Business Insolvency Options: A Comparison of Wisconsin Statutes Chapter 128 and Chapter 11 of the United States Bankruptcy Code

Chapter 11 of the United States Bankruptcy Code has historically been utilized as the principal option for an insolvent company, seeking to either reorganize its operations, or sell its assets free and clear of liens, with the liens attaching to the proceeds of the sale.  However, the Wisconsin statutory  alternative, Chapter 128, which is...

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Bringing On Investors: Using Private Placement Memoranda Can Reduce Risks of Personal Liability

Purchasing LLC Membership Interests vs. Real Estate: Pros and Cons

By Michael Van Someren & Joseph E. Tierney, IV When a real estate transaction closes in Wisconsin there is a transfer fee that must be paid to the State of Wisconsin which is equal to 0.3% of the purchase price. Additionally, the sale price is factored into the assessed value of the real estate. Unfortunately, this often means that after...

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Using Your “Disadvantaged Business” to Your Advantage

Using Your “Disadvantaged Business” to Your Advantage

By Ryan M. Spott & Michael Van Someren If your business provides goods/services to governmental agencies, construction or other projects that have some sort of governmental financing (e.g., loans from state, county or municipal bodies), or is part of a supply chain for contractors that fall into such categories, you may qualify for the...

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Modern Commercial Financing: Your Guide to Regulation A+

Attracting capital remains challenging for most investors due to regulatory burdens, higher capital costs, and the high risk, high return nature of venture capital. Often, capital projects won't get off the ground unless projected returns are above market rates. This "mini-IPO" or "on-ramp to IPO" allows investors to raise up to $50 million in a...

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Life After LIBOR

Life After LIBOR

By Julie A. Seno Lenders and borrowers, do your loan documents provide for an alternative financing rate in case LIBOR becomes unavailable? LIBOR, which stands for the “London Interbank Offered Rate,” is the most widely used “benchmark rate” in determining interest rates for debt instruments, including government and corporate bonds, mortgages,...

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Regulation A+: An Alternative to Private Placements and Initial Public Offerings

Regulation A+: An Alternative to Private Placements and Initial Public Offerings

By: Michael Van Someren Regulation A+ went into effect in 2015. Although Regulation A+ has been around for a couple of years, its use is just beginning to become more mainstream. Since Regulation A+ was promulgated, the SEC has qualified 81 Regulation A+ offerings seeking to raise approximately $1.5 billion. As developers and investors gain more...

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“Bailing In” to Avoid a Bail Out: How new legislation is putting your money at risk

Alternative Financing Strategies in a World of Rising Interest Rates

By Michael Van Someren & Julie A. Seno Mortgage interest rates increased through 2016 and are expected to increase periodically throughout the coming year. Because higher interest rates can make traditional financing for a commercial real estate project more expensive, other financing options should be considered to stabilize or reduce the...

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