Filing For An Offer In Compromise
Discover how to navigate the SBA Offer in Compromise process with our expert guide, featuring insights from Protect Law Group for effective debt resolution.
Facing a notice from the SBA? Discover expert strategies to navigate legal, financial complexities to protect your business and resolve debts efficiently.
Have you ever received a notice and found yourself unsure about the best course of action to take? When dealing with legal and financial matters, especially those concerning government agencies like the Small Business Administration (SBA), it’s crucial to understand your options and make informed decisions.
Receiving a notice from the SBA or other federal agencies can be daunting. These notices may concern issues such as administrative offset, federal salary offset, or other financial actions that could impact your business’s stability. Protect Law Group specializes in navigating these complexities, offering guidance and strategies to manage and potentially resolve these issues. They provide expertise in dealing with all aspects of SBA loans and federal debt.
Understanding the types of notices you might receive is the first step in determining the appropriate response. These could include:
Each type of notice carries specific implications and requires different responses. Ensuring you understand the content and implications of these notices is vital.
When faced with these challenges, having a legal partner well-versed in these matters can be invaluable. Protect Law Group offers a suite of services designed to help you navigate the complexities of SBA loans and federal debt issues.
Protect Law Group’s services are tailored to provide you with multiple courses of action depending on the notice received. Key services include:
By leveraging these services, you can often find a path to resolving your debt issues that minimizes financial disruption.
Once you’ve received a notice, it’s important to have a clear strategy in place. Protect Law Group assists by helping to develop and implement strategies that are tailored to your specific situation.
Here are some immediate actions to consider when you receive a notice:
The focus should always be on addressing the notice promptly to prevent any escalation of actions that could adversely affect your finances.
A significant part of determining the best course of action involves understanding the legal landscape. The Agency Practice Act authorizes Protect Law Group attorneys to represent federal debtors nationwide, ensuring that you have experienced legal assistance available.
Legal complexities can arise when dealing with issues like cross-servicing disputes and procedural errors. Here is how Protect Law Group can assist:
These legal avenues can sometimes provide leverage to negotiate more favorable terms or even reverse the effects of a notice.
Negotiation is at the heart of many successful debt resolutions. Protect Law Group’s negotiators are skilled in working with the SBA and lenders to secure favorable agreements.
Negotiating a resolution can involve several strategies:
The ultimate goal of negotiation is to reach an agreement that minimizes financial harm while resolving the issue effectively.
Resolving debt issues effectively is not just about addressing the immediate notice but protecting your business assets and interests in the long term.
Here are steps you can take to protect your assets:
By focusing on these protective measures, you can ensure that your business remains viable and your personal assets are protected from adverse actions.
Determining the best course of action when you receive a notice can be complex and overwhelming. Whether it’s a federal salary offset or an administrative notice, understanding the potential impact and knowing your options are crucial. Protect Law Group offers the expertise and strategic guidance necessary to navigate these challenges. With their support, you can focus on resolving debts effectively and maintaining your business and financial well-being. Making informed decisions and taking timely action are essential steps in ensuring that you handle notices in a manner that aligns with your financial goals and legal obligations.
Clients personally guaranteed SBA 504 loan balance of $750,000. Clients also pledged the business’s equipment/inventory and their home as additional collateral. Clients had agreed to a voluntary sale of their home to pay down the balance. We intervened and rejected the proposed home sale. Instead, we negotiated an acceptable term repayment agreement and release of lien on the home.
Clients' 7(a) loan was referred to Treasury's Bureau of Fiscal Service for enforced collection in 2015. They not only personally guaranteed the loan, but also pledged their primary residence as additional collateral. One of the clients filed for Chapter 7 bankruptcy thinking that it would discharge the SBA 7(a) lien encumbering their home. They later discovered that they were mistakenly advised. The Firm was subsequently hired to review their case and defend against a series of collection actions. Eventually, we were able to negotiate a structured workout for $180,000 directly with the SBA, saving them approximately $250,000 (by reducing the default interest rate and removing Treasury's substantial collection fees) and from possible foreclosure.
Client’s small business obtained an SBA 7(a) loan for $150,000. He and his wife signed personal guarantees and pledged their home as collateral. The SBA loan went into default, the term or maturity date was accelerated and demand for payment of the entire amount claimed was made. The SBA lender’s note gave it the right to adjust the default interest rate from 7.25% to 18% per annum. The business filed for Chapter 11 bankruptcy but was dismissed after 3 years due to its inability to continue with payments under the plan. Clients wanted to file for Chapter 7 bankruptcy, which would have been a mistake as their home had significant equity to repay the SBA loan balance in full as the Trustee would likely seize and sell the home to repay the secured and unsecured creditors. However, the SBA lender opted to pursue the SBA 7(a) Guaranty and subsequently assigned the loan and the right to enforce collection to the SBA. Clients then received the SBA Official 60-Day Notice and hired the Firm to respond to it and negotiate on their behalf. Clients disputed the SBA’s alleged balance of $148,000, as several payments made to the SBA lender during the Chapter 11 reorganization were not accounted for. To challenge the SBA’s claimed debt balance, the Firm Attorneys initiated expedited discovery to obtain government records. SBA records disclosed the true amount owed was about $97,000. Moreover, because the Clients’ home had significant equity, they were not eligible for an Offer in Compromise or an immediate Release of Lien for Consideration, despite being incorrectly advised by non-attorney consulting companies that they were. Instead, our Firm Attorneys recommended a Workout of $97,000 spread over a lengthy term and a waiver of the applicable interest rate making the monthly payment affordable. After back and forth negotiations, SBA approved the Workout proposal, thereby saving the home from imminent foreclosure and reducing the Clients' liability by nearly $81,000 in incorrect principal balance, accrued interest, and statutory collection fees.