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How To Take Advantage Of CARES Act Provisions For SBA Loan Defaults

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.

Understanding the CARES Act Provisions for SBA Loan Defaults

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.

Key CARES Act Provisions for SBA Loan Borrowers

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.

  1. Payment Deferral Options The Act allowed for automatic payment deferrals on many SBA loans, effectively providing breathing room for borrowers to stabilize their financial situations without the burden of ongoing monthly payments.
  2. Loan Forgiveness Programs For eligible Paycheck Protection Program (PPP) loans, the Act facilitated avenues for loan forgiveness. While not all SBA loans are eligible, understanding whether your loan qualifies for partial or complete forgiveness can substantially reduce your financial liabilities.

How CARES Act Provisions Can Influence SBA Loan Resolutions

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.

Legal Support and Navigational Strategies

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.

Role of Protect Law Group in SBA Loan Issues

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:

  1. Strategic Defense Planning By devising strategies tailored to your specific circumstances, Protect Law Group can help in defending against aggressive collection efforts, ensuring compliance with legal standards while minimizing financial exposure.
  2. Appeal Petitions and Legal Challenges If you’ve received an unfavorable decision from the SBA, Protect Law Group assists in the preparation and submission of appeals. They ensure the factual and procedural integrity of your case is maintained throughout the adjudication process.

Implementing Pragmatic Financial Solutions

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.

Utilizing SBA Offer in Compromise

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.

  1. Eligibility and Application Deliberating on whether to file an Offer in Compromise? You must demonstrate that paying the full amount would result in undue hardship. Protect Law Group aids in compiling necessary documentation and formulating a convincing case.

Structured Workout Plans

A structured workout plan acts as a second lifeline, altering the repayment framework to better align with your current financial capacity.

  1. Negotiation and Implementation Engage in negotiations to extend repayment timelines and reduce immediate financial strain. Protect Law Group negotiators advocate for terms that render the debt sustainable, preventing further defaults and protecting assets.

Navigating Administrative and Cross-Servicing Disputes

When debts are transferred to the Treasury’s Bureau of Fiscal Service, challenges might escalate, necessitating legal intervention.

Addressing and Resolving Disputes

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.

Best Practices for Leveraging Legal Services

Selecting the right legal representation can significantly affect the outcome of your debt resolution process. Protect Law Group’s credentials include:

  1. Specialization in SBA Debt Resolution
  2. Lexicon of Legal Authorities
  3. Ethical Standards and Effective Outcomes

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.

Concluding Thoughts

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.

$220,000 SBA 7A LOAN -DOT WAIVER OF ADMINISTRATIVE FEES & COSTS

$220,000 SBA 7A LOAN -DOT WAIVER OF ADMINISTRATIVE FEES & COSTS

Clients personally guaranteed an SBA 7(a) loan that was referred to the Department of Treasury for collection.  Treasury claimed our clients owed over $220,000 once it added its statutory collection fees and interest.  We were able to negotiate a significant reduction of the total claimed amount from $220,000 to $119,000, saving the clients over $100,000 by arguing for a waiver of the statutory 28%-30% administrative fees and costs.

$150,000 SBA 7A LOAN – NEGOTIATED WORKOUT AGREEMENT

$150,000 SBA 7A LOAN – NEGOTIATED WORKOUT AGREEMENT

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.

$150,000 SBA 7A LOAN - SBA OIC CASH SETTLEMENT

$150,000 SBA 7A LOAN - SBA OIC CASH SETTLEMENT

Client personally guaranteed SBA 7(a) loan balance of over $150,000.  Business failed and eventually shut down.  SBA then pursued client for the balance.  We intervened and was able to present an SBA OIC that was accepted for $30,000.

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