Legal Question in Business Law in New Jersey

can a bank require you to pay back in full a small business loan because of late payments


Asked on 3/09/11, 11:51 am

3 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. It depends on what the loan agreements say. However, what you are describing is an "acceleration clause"---and they are fairly typical. Please contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 3/09/11, 12:15 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Most commercial loans have an "acceleration" clause. This gives the Bank the right to demand the entire prinipal balance due in the event of a "default." Failure to timely pay is a default which typically triggers the acceleration clause.

I hope this helps!

Ron Cappuccio

856 665-2121

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Answered on 3/09/11, 5:40 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree with the other attorney answers. If there's a default in payment, most commercial loans have an acceleration clause that makes the entire amount due. Best to talk to your bank, explain your circumstances, and try to work something out. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/12/11, 8:10 am


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