Scot Crow and Benjam Sobczak of Dickinson Wright tare back this week to discuss the industry’s significant $6 billion debt crisis and the necessary survival strategies for compromised companies.
The debt crisis is separate from 280E tax liabilities, rooted in market volatility (like the sharp price drop in Michigan) and poor financial projections made by both operators and lenders. For operators facing default, the critical advice is to make an early decision: either cooperate with the lender's efforts or fight, recognizing that fighting carries the high risk of multi-million dollar personal judgment liens due to personal guarantees (PGs) on the loans.
Experts stressed that honesty and transparency are paramount; struggling companies must openly communicate their financial position with existing lenders and be upfront with initial equity investors about the likely washout of their investment.