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Posts by SBA Attorneys

CASE BRIEF: The SBA Guarantor did not waive the 6-year Statute of Limitations Defense when he signed a confession of judgment

CASE BRIEF:  The SBA Guarantor did not waive the 6-year Statute of Limitations Defense when he signed a confession of judgment Video Transcript  The transcript of the video follows below for further review.CASE NAME:  United States on behalf of Small Business Administration v. RichardsonCITATION:  889 F.2d 37 (3d Circuit, Pa. 1989)FACTS: Louis Richardson and his…

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Referral of SBA debts to the U.S. Department of Justice for Litigation

SBA Loan Default Cases: What generally happens when SBA debts are referred to the DoJ for litigation? Video Transcript  The transcript of the video follows below for further review.Once an SBA loan has been delinquent between 120 days (4 months) and 180 days (6 months), the loan is generally referred to the U.S. Treasury Department’s…

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Beware of the Confession of Judgment Clause: SBA loan default cases

Confession of Judgment Clauses in SBA Loan Documents, Repayment Agreements, Stipulations, Forbearance Agreement or other instruments  in connection with SBA loan default cases Video Transcript  The transcript of the video follows below for further review.One of the most powerful weapons that may be incorporated into certain loan documents on an SBA Loan Default Case where…

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SBA OIG Report: Recommends $3.2m in SBA 7a Guarantee Recoveries

SBA Office of Inspector General’s High Risk 7(a) Loan Review Program Recommends $3.2 Million in Recoveries Video Transcript  The transcript of the video follows below for further review.In fiscal year 2014, the Office of Inspector General (OIG) established the High Risk 7(a) Loan Review Program to minimize losses on Small Business Administration (SBA) guaranteed loans,…

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AWG Hearing: Establishing Financial Hardship

Video Transcript  The transcript of the video follows below for further review.The Debt Collection Act of 1982 (DCA) and the Debt Collection Improvement Act of 1996 (DCIA), 31 U.S.C. § 3701, 3711-3702E authorizes the U.S. Small Business Administration (SBA), by and through the Department of Treasury (Financial Management Services n/k/a the Bureau of Fiscal Service…

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SBA Loan Default: The Equitable Estoppel Defense

This video discusses equitable estoppel” – an equitable legal remedy or affirmative legal defense a personal guarantor should consider exploring and raising post SBA loan default either as a “litigative risk factor” in support of an SBA offer in compromise, a defense against an Administrative Wage Garnishment, a defense against a residential foreclosure or a basis for…

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SBA Office of Inspector General's Spring 2016 Report to Congress

We provide individuals who are facing an SBA loan default with solutions. We analyze your SBA loan problems and advise you on potential solutions such as an SBA offer in compromise or defend you against an Administrative Wage Garnishment before the Bureau of Fiscal Service. Dealing with the idea that you might be facing SBA…

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Private Collection Agencies, the SBA, Treasury Department or Bureau of Fiscal Service & What SBA Personal Guarantors, Debtors Should Know

We provide individuals who are facing SBA loan default, Treasury/Bureau of Fiscal Service or Private Collection Agency problems with potentially concrete solutions. We carefully analyze your SBA, Treasury/Bureau of Fiscal Service or Private Collection Agency debt problems and advise you on potential strategies to resolve your federal nontax debt problems with strategic planning and execution.…

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Cross-Servicing FAQ: How did my SBA debt get transferred from the SBA to the Treasury Department’s Bureau of Fiscal Service and why do I owe almost 28-30% more?

We provide individuals who are facing an SBA loan debt with solutions. We analyze your SBA loan problems and advise you on potential solutions such as an SBA offer in compromise or defend you against an Administrative Wage Garnishment before the Bureau of Fiscal Service.  Dealing with the idea that you might be facing SBA loan…

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