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If you have a K, you have a couple of options. Facing foreclosure because of unemployment or a health problem? You may be able to take a hardship withdrawal. Here, you will have access to your funds and there is often no repayment. You will also be using key funds for your retirement. A loan against your K is another option. This can be used for any purpose. The loan payment may be smaller than the monthly payment toward the debt.
It may also have a lower interest rate. But if you leave your job for any reason, your loan may become due or be treated as a withdrawal subject to penalty. Also, during the loan period you will lose the potential growth on your retirement funds. Keep in mind that most Ks are protected from bankruptcy. Think about your options carefully.
If you have a Roth IRA , you can withdraw funds — generally without penalties. But if the account has grown in value, you may be subject to capital gains taxes. Keep all these things in mind when you decide whether to take money out of your retirement accounts.
But also remember why you put that money into those accounts in the first place. To take care of yourself later in life, and to protect your savings with special tax advantages. If you remove money from your retirement accounts to settle pressing debts, will you be able to catch up on retirement savings later? Retirement accounts are usually protected from being tapped into by a bankruptcy court.
But by withdrawing your funds, you may remove that protection. Liquidation value refers to the amount you can expect to recover in a forced sale situation. Generally, this amount is at least 20 percent less than retail value. To establish the liquidation value of your assets, work with a qualified appraiser. Obtain a written liquidation value appraisal before you entertain any offers. Once you have your liquidation value appraisal, estimate your net sale proceeds. Remember to deduct all of the costs of the sale.
These include items such as commissions, advertising expenses, moving and storage costs, labor expenses, credit card discounts, rent and utilities. Also deduct amounts that are secured by liens on your assets such as rent, delinquent personal property taxes, and loans owed to secured creditors. There may be more appropriate exit strategies for you to pursue. If a liquidation sale looks worthwhile, the next step is to decide what type of sale to hold.
One, or a combination of several, of the following types of sales may be appropriate. Negotiated sales in a distress situation are desirable but uncommon. Logical buyers include your competitors, customers, suppliers and landlord. For example, if you own a restaurant, your landlord may be interested in purchasing your equipment so that the premises can be rented to a new operator at a higher rate.
Consignment sales are appropriate when time is not of the essence, your assets are easily movable, and there is a local dealer specializing in the type of items you want to sell. If you choose a consignment sale, you will need to turn your assets over to the dealer, who will sell them and pay you an agreed-upon amount following the sale. Internet sales are rapidly growing in popularity and importance.
Before deciding whether to sell online, familiarize yourself with the rules and your legal obligations as a seller by reading the FTC's Internet Auction Guide. You may also want to consult a traditional auction company, since many are now able to accommodate simultaneous in-person and online bidding. Sealed bid sales are appropriate when confidentiality is important.
All the bids are submitted in sealed envelopes that are opened at the same predetermined time and place. Retail sales, also known as Going-Out-of-Business Sales, are appropriate for consumer items like small appliances, gifts and gadgets. A retail sale followed by an auction works particularly well for some businesses. For example, if you are trying to close a grocery store, you can start with a retail sale to dispose of the food, and follow it up with an auction to dispose of the shelving, freezers, cash registers, shopping carts and other miscellaneous items.
To protect consumers from unscrupulous retailers who falsely claim to be going out of business week after week and year after year, many states now regulate Going-Out-of-Business Sales. If you want to conduct such a sale, be sure to research the law in your area. Public auctions are appropriate for most business assets. Typically, your property is sold item by item to the highest bidder. You may, however, also be able to take advantage of the aggregate bid process, which can result in a considerably higher sales price.
This works particularly well if your landlord is willing to prequalify the bidders as tenants. For example, suppose you want to sell a laundromat. Each washer and dryer can be auctioned separately, the individual bid prices totaled, and the bidding reopened on all of the items for an amount that is higher than the aggregate amount of the individual bid prices.
The aggregate bidding process also works on a smaller scale. For example, a bulldozer can be auctioned separately from its ripper. The bids can then be totaled and the machine and its attachment offered as a package subject to a minimum bid higher than the aggregate amount of the individual bid prices.
Begin with the season, then select the best day and time to hold your sale. The season should be appropriate for the type of merchandise you want to sell. Snow-blowing equipment, for example, will sell better in December than it will in July. Similarly, hair salons and restaurants are typically open on Saturdays, but closed on Mondays.
Make it easy for the owners of these businesses to attend your sale by scheduling it on a Monday. Of course, you also need to take your marketing plans into account. The location of your sale can have a significant impact on your net proceeds. While construction equipment, cars, trucks, snowmobiles, and lawnmowers can be moved and sold just about anywhere, other items should be sold in place.
Restaurant equipment, for example, can drop as much as 50 percent in value if moved. As a general rule, it is best to hold your sale on your business premises. From a marketing perspective, most items look best in the surroundings where they are used. Sometimes, a poor landlord-tenant relationship can prevent a business owner from obtaining permission to hold an on-site sale.
Finally, in exceptional circumstances, the best place for your sale may be somewhere other than where your assets are located. This is particularly true when they are impractical or impossible to move, such as a cruise ship or a mountaintop resort, and interest in purchasing them extends to other areas of the country. In these cases, you may be able to recover more by selling them in absentia.
For example, a fish cannery located on a small island in the Aleutians could be sold in Seattle by utilizing a video presentation.
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