Does a borrower have to submit an application for restructuring before meeting with the qualified lender to discuss either the distressed loan notice or the inputs into a restructure plan?
No. Both the Act and FCA regulations provide that a qualified lender must include in a distressed loan notice a statement that the borrower may meet with the lender to (1) review the status of the loan(s), the financial condition of the borrower, and/or the suitability of the loan(s) for restructuring; and (2) develop a plan of restructure if the loan is in nonaccrual status. There is no requirement that, prior to this meeting, the borrower submit an application to restructure the loan(s). In fact, FCA encourages this early interaction with borrowers to help them better understand their borrower rights and to develop the best possible restructure plan.
Related Questions
- May a qualified lender consider a borrower’s bankruptcy plan of reorganization when offering distressed loan restructuring?
- May a qualified lender modify a distressed loan notice when it is being sent to a borrower(s) who has filed bankruptcy?
- May a qualified lender consider a borrower’s treatment of collateral when reviewing a restructuring application?
