Updates

September 2026

When “Fair” Isn’t the Point

A lot of business disputes get stuck because everyone is focused on what feels “fair,” instead of what will actually work.

In the real world, workable solutions often leave both sides dissatisfied — and that’s usually a sign the outcome is grounded in reality rather than leverage or posturing.

The earlier a business identifies operational pressure points and legal exposure, the more options it has. Waiting until positions harden almost always makes resolution more expensive and less effective.

The goal isn’t to win an argument. The goal is to solve the problem before it grows teeth.

Developments

What’s changing in business financing nationwide—new disclosure efforts, broker accountability, contract terms, and the real‑world impact on small businesses.

What we’re seeing

More disclosure

Across the country, there is growing focus on making financing costs and payment mechanics clearer before a business signs. That matters most when the product has daily or highly variable payment behavior.

Broker accountability

More attention is being paid to how deals are sold, who gets paid, and what incentives exist behind the scenes. Businesses should ask who is being compensated and how.

More aggressive terms

Short default triggers, sweeping remedies, and “stacking” risk can turn a cash‑flow problem into a survival problem. Understanding triggers is often the first step to stabilizing.

Texas spotlight: HB 700

Texas enacted HB 700 addressing certain commercial “sales‑based financing” transactions. Regardless of how a product is labeled, the practical issue is the same: does the deal create predictable cash flow—or daily pressure that can spiral into default and litigation?

What this means for business owners

Ask for the full payment mechanics in writing (frequency, variability, triggers, and “what happens if…” scenarios).
Understand whether “relief” is real relief or just a reshuffle of pressure.
Do not sign under panic. Slow down long enough to see the whole map.

If you’re under pressure right now

Start with the basics: sleep, support, and documents. Then pick a path: stabilize out of court or evaluate bankruptcy.

Mental Health Workouts Bankruptcy Contact

Have a specific financing document you want reviewed? Email contact@sesnylaw.com or call 512.761.8378.