Bankruptcy Blues in EB-5

In this episode, Mona and Rebecca tackle the tough and unpleasant topic of bankruptcy within EB-5 investment projects, sparked by recent news of a high-profile EB-5 project bankruptcy in Utah. The hosts discuss the inherent risks of EB-5 investments, address common misconceptions about bankruptcy (including the differences between Chapter 7 and Chapter 11), and explore how bankruptcy can impact EB-5 investors at various stages of the process. Real-world examples—including the South Dakota Meat Market project—highlight both the challenges and the potential paths forward for investors. The episode also offers practical advice on what investors can do if their project faces bankruptcy, the importance of due diligence, and why bankruptcy isn’t always the end of the road for EB-5 participants. “These bankruptcies can happen for so many different reasons. You can’t always tell. You can have every expert in the field and then something can happen like COVID. And then a project goes bankrupt.” – Mona Shah