Illinois | Business Law
Legal Question
Bank Business Loan
I have a loan with a community bank for my business. Original amount was 120,000 and now the balance is 66,000. The loan was structured with an escalating payment schedule now currently about 3 times the original payment. When I fell behind because of the larger payments last year, (the economy issues everyone is confronting) the banker gladly amended the loan and the payment schedule to meet my needs. Upon signing the agreement, I was told I needed to pay all of the past due interest. Although I didn't have the funds immediately, I paid the interest in two installments. The bank determined that I violated the new contract because the payment wasn't received on the date we signed the amended agreement. They are indicating that, if I do not pay the loan off in full, they may file a lawsuit in their best interest. I have kept up with the interest only payments, but did receive a letter from their attorney indicating they may file a lawsuit on behalf of the bank. I am working with a turnaround company and informed both the bank and their attorney that we are working on refinancing the loan. What can they do and how fast can they do it? They have a UCC1 on all of the assets. Please advise. Thank you.


