Case Studies Of Successful Resolutions To SBA Loan Defaults
Explore successful strategies for resolving SBA loan defaults through detailed case studies. Learn from real-life examples with guidance from Protect Law Group.
Discover how to mitigate SBA loan defaults using CARES Act provisions. Learn about deferral, forgiveness options, and legal strategies for financial resilience.
Have you ever found yourself grappling with the complexities of an SBA loan while concerns about defaults keep you awake at night? Navigating the labyrinth of legal and financial intricacies around Small Business Administration (SBA) loans can be daunting, especially in the face of potential defaults. Given the profound impact that such defaults may have on your business and personal financial stability, it’s crucial to be well-informed about the available avenues for resolution and the protective measures in place under specific legislative provisions such as the CARES Act.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed in response to the COVID-19 pandemic, includes several provisions aimed at aiding small businesses overwhelmed by financial challenges. Though primarily designed to provide relief in uncertain times, certain CARES Act provisions can directly benefit businesses facing difficulties with SBA Loan Defaults.
Under the CARES Act, mechanisms were introduced that might ease the pressures associated with loan repayment and provide opportunities for restructuring your financial obligations. These include deferments and forgiveness programs, crucial if you are facing operational challenges or significant reductions in revenue.
By leveraging these provisions, borrowers have the opportunity to renegotiate the terms of their loans or even resolve certain debts for less than what is owed. Taking advantage of such modifications requires a thorough understanding of your eligibility and the application processes involved.
Understanding your legal rights and options can mean the difference between overcoming financial obstacles and succumbing to them. At this juncture, consulting with legal experts familiar with both SBA regulations and CARES Act provisions becomes essential.
Protect Law Group focuses specifically on representing business owners in SBA and treasury debt challenges, offering robust support mechanisms to manage and resolve financial distress related to SBA loan defaults. Their legal expertise is critical in:
A strategic approach to handling SBA loan defaults under the CARES Act may involve settlement negotiations or structured repayment plans. With this in mind, Protect Law Group extends various services designed to facilitate these objectives.
For those unable to meet their SBA obligations, an Offer in Compromise presents a viable route to negotiate debt reduction. This allows eligible businesses to settle their loans for a fraction of the owed amount, provided they can substantiate their inability to pay the full sum.
A structured workout plan acts as a second lifeline, altering the repayment framework to better align with your current financial capacity.
When debts are transferred to the Treasury’s Bureau of Fiscal Service, challenges might escalate, necessitating legal intervention.
To combat administrative offsets or cross-servicing actions by the Treasury, filing a Petition for Dispute Resolution with competent authorities is imperative. This ensures debt reviews adhere to procedural fair-play, preventing unwarranted asset seizures or income penalties.
Selecting the right legal representation can significantly affect the outcome of your debt resolution process. Protect Law Group’s credentials include:
Choosing a firm like Protect Law Group means being supported by seasoned negotiators skilled in dealing with SBA intricacies, yielding peace of mind amid the financial turbulence associated with loan defaults.
The CARES Act stands as a pivotal element in providing relief options for SBA loan defaults. However, capitalizing on its benefits requires astute navigation bolstered by legal expertise. Protect Law Group equips businesses with the necessary legal strategies to manage and potentially dissolve financial liabilities stemming from SBA loans, fostering an environment for rebuilding with minimal setbacks.
By understanding the options before you and actively seeking expert guidance, you can take decisive steps towards regaining financial stability, securing your enterprise’s future, and ensuring that fear of defaults no longer necessitates sleepless nights.
Client personally guaranteed SBA 7(a) loan balance of $58,000. The client received a notice of Intent to initiate Administrative Wage Garnishment (AWG) Proceedings. We represented the client at the hearing and successfully defeated the AWG Order based on several legal and equitable grounds.
Small business sole proprietor obtained an SBA COVID-EIDL loan for $500,000. Client defaulted causing SBA to charge-off the loan, accelerate the balance and refer the debt to Treasury's Bureau of Fiscal Service for aggressive collection. Treasury added $180,000 in collection fees totaling $680,000+. Client tried to negotiate with Treasury but was only offered a 3-year or 10-year repayment plan. Client hired the Firm to represent before the SBA, Treasury and a Private Collection Agency. After securing government records through discovery and reviewing them, we filed an Appeals Petition with the SBA Office of Hearings & Appeals (OHA) court challenging the SBA's referral of the debt to Treasury citing a host of purported violations. The Firm was able to negotiate a reinstatement and recall of the loan back to the SBA, participation in the Hardship Accommodation Plan, termination of Treasury's enforced collection and removal of the statutory collection fees.
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.