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Manufacturing Business SBA Loan Defaults: Equipment and Inventory Challenges

Running a manufacturing business is tough, and sometimes things go wrong. When a business takes out a Small Business Administration (SBA) loan, there are rules to follow. If those rules aren't met, or if payments are missed, it can lead to what's called a 'default.' This can happen for many reasons, like not planning finances well or having problems with equipment and inventory. We'll look at why manufacturing business defaults happen and what can be done to avoid them.

Key Takeaways

  • Poor financial planning and not managing cash can quickly lead to missing loan payments.
  • Too much debt, especially if it's not handled well, makes it hard to keep up with loan obligations.
  • Problems with equipment, like breakdowns or old machines, can stop production and make it tough to earn money.
  • Bad inventory management, like having too much or not enough, can tie up money and hurt the business.
  • Defaulting on an SBA loan has serious consequences, including losing assets and making it hard to get future loans.

Understanding Manufacturing Business Defaults

It's easy to think loan defaults only happen to 'other' businesses, but the truth is, many manufacturing companies face this challenge. Understanding what constitutes a default, what triggers it, and how to prevent it is essential for long-term success. A loan default can severely impact your business's financial health and future prospects.

Defining SBA Loan Default

So, what exactly is an SBA loan default? It's more than just missing a payment or two. It happens when a business fails to meet the terms of its SBA loan agreement. This can include:

  • Missing multiple payments.
  • Violating loan covenants (like maintaining certain financial ratios).
  • Failing to provide required financial information.
  • Declaring bankruptcy.

Basically, if you're not holding up your end of the bargain, you're heading toward default territory.

Common Triggers for Default

Several factors can push a manufacturing business toward default. It's rarely just one thing; usually, it's a combination of issues. Some common triggers include:

  • Poor Cash Flow Management: Not having enough cash on hand to cover expenses and debt payments.
  • Equipment Failures: Unexpected breakdowns can halt production and drain resources.
  • Inventory Problems: Holding too much obsolete inventory or experiencing supply chain disruptions.
  • Economic Downturns: A decrease in demand for your products can significantly impact revenue.
  • Excessive Debt Burden: Taking on too much debt can strain your finances and make it difficult to meet obligations.

Proactive Measures to Avoid Default

Okay, so how do you keep your manufacturing business out of default? The key is to be proactive and address potential problems before they escalate. Here are some steps you can take:

  • Develop a Solid Financial Plan: Create a budget, track your cash flow, and monitor your financial performance regularly.
  • Maintain Your Equipment: Implement a preventative maintenance program to minimize downtime and costly repairs.
  • Manage Your Inventory Effectively: Optimize inventory levels to avoid overstocking or stockouts.
  • Communicate with Your Lender: If you're facing financial difficulties, talk to your lender early on. They may be willing to work with you to find a solution.
By taking these steps, you can significantly reduce the risk of defaulting on your SBA loan and protect the future of your manufacturing business. Remember, early intervention is key. Don't wait until it's too late to address potential problems.

Poor Financial Planning and Cash Flow Management

It's easy to get caught up in the day-to-day of running a manufacturing business, but neglecting the financial side can quickly lead to trouble. Poor financial planning and mismanaged cash flow are major contributors to SBA loan defaults. In fact, many businesses fail because they don't manage their cash well. It's not just about making sales; it's about understanding where your money is going and ensuring you have enough to cover your obligations, including that SBA loan.

Tracking Cash Flow Effectively

Keeping a close eye on your cash flow is essential. It's like knowing the pulse of your business. If you don't know how much money is coming in and going out, you're flying blind. Here are some things you can do:

  • Create a detailed cash flow statement: Document every dollar coming in and going out. This includes loan payments, operating costs, revenue, seasonal changes, and emergency reserves. A clear picture of your daily cash movements can help you stay ahead.
  • Use financial management software: Tools like Abacum or Datarails can help you track your cash flow in real-time. They can also help you forecast future cash flow, so you can see potential problems before they happen.
  • Regularly review your cash flow statement: Don't just create it and forget about it. Review it regularly to see how your business is doing and identify any potential problems. This will help you make informed decisions about your business.
Poor cash flow management can quickly lead to missed loan payments and financial stress. It's important to have a clear understanding of your business's financial situation and to take steps to improve your cash flow if necessary.

Optimizing Payment Cycles

Optimizing your payment cycles can significantly improve your cash flow. It's all about getting paid faster and paying your bills slower (without damaging relationships, of course!). Here's how:

  • Offer early payment discounts: Encourage customers to pay early by offering a small discount. This can be a win-win for both you and your customers.
  • Negotiate better terms with suppliers: Try to negotiate longer payment terms with your suppliers. This will give you more time to pay your bills and improve your cash flow.
  • Follow up on overdue invoices quickly: Don't let invoices sit unpaid for too long. Follow up with customers who are late on their payments. The faster you get paid, the better your cash flow will be.

Analyzing Financial Statements

Your financial statements are a goldmine of information about your business. They can tell you how well your business is doing and where you need to improve. Make sure you are maintaining accurate records to support your case. Here are some key things to look for:

  • Trends in operating expenses: Are your expenses increasing or decreasing? Why? Understanding these trends can help you control your costs.
  • Revenue forecasts compared to actual performance: Are you meeting your revenue goals? If not, why not? Identifying the reasons for any shortfalls can help you improve your sales and marketing efforts.
  • Working capital ratios: These ratios can tell you how well you're managing your current assets and liabilities. A healthy working capital ratio is essential for maintaining a strong cash flow.

Excessive Debt Burden and Its Impact

Too much debt can really mess things up for a manufacturing business. It's like trying to run a marathon with weights strapped to your ankles. It makes everything harder, from managing day-to-day expenses to investing in new equipment. Keeping debt at a manageable level is super important for long-term success.

Measuring Key Debt Ratios

Keeping an eye on your debt ratios is like checking the gauges on your car's dashboard. They tell you if you're heading for trouble. Here are a few key ones to watch:

  • Debt Service Coverage Ratio (DSCR): This shows if you have enough cash to cover your debt payments. A ratio below 1.25 could signal problems.
  • Debt-to-Equity Ratio: This compares your total debt to the amount of equity in your business. A high ratio means you're relying too much on debt.
  • Debt-to-Asset Ratio: This indicates what portion of your assets are financed by debt. A high ratio suggests a higher risk of financial distress.
Monitoring these ratios regularly can help you spot potential issues before they become major crises. Ignoring them is like driving with your eyes closed – you might get lucky for a while, but eventually, you're going to crash.

Strategies for Debt Reduction

Getting rid of debt is like cleaning out a cluttered garage – it takes effort, but it's worth it in the end. Here are some strategies to consider:

  • Prioritize High-Interest Debt: Focus on paying off debts with the highest interest rates first. This will save you money in the long run.
  • Negotiate with Creditors: See if you can negotiate lower interest rates or more favorable payment terms. It never hurts to ask!
  • Increase Revenue: Find ways to boost your sales and revenue. More money coming in means more money to pay down debt.

Balancing Growth with Debt Capacity

Growing your business is great, but you don't want to take on so much debt that you can't handle it. It's like trying to build a skyscraper on a shaky foundation. Here's how to balance growth with debt capacity:

  • Careful Planning: Before taking on new debt, create a detailed financial plan that shows how you'll repay it.
  • Conservative Projections: Be realistic about your revenue projections. Don't assume everything will go perfectly.
  • Maintain a Cash Reserve: Keep a cash reserve to cover unexpected expenses or downturns in business. This can prevent you from having to take on more debt in a pinch. If you are facing SBA loan default, it's important to act quickly.

Equipment Challenges Leading to Default

Maintaining Operational Equipment

It's easy to underestimate how much keeping your equipment in good shape matters. Neglecting regular maintenance can lead to breakdowns, which then cause production delays and unexpected repair costs. These costs can quickly eat into your cash flow. Think about it: a machine goes down, you're scrambling for parts, paying for rush repairs, and losing money on every product you aren't making. It's a recipe for disaster. Here are some things to keep in mind:

  • Regular inspection schedules.
  • Budgeting for preventative maintenance.
  • Training staff on basic upkeep.
Proper maintenance isn't just about fixing things when they break; it's about preventing them from breaking in the first place. It's an investment in your business's future, not just an expense.

Financing Equipment Upgrades

Sometimes, you need new equipment to stay competitive. But how you finance those upgrades can make or break you. Taking on too much debt for fancy new machines can strain your finances, especially if the return on investment isn't what you expected. It's a balancing act. You want to improve your operations, but you don't want to drown in debt. Consider these points:

  • Leasing versus buying equipment.
  • Exploring government grants or incentives.
  • Carefully projecting ROI before committing to financing.

Impact of Equipment Obsolescence

Technology moves fast, and what's cutting-edge today can be outdated tomorrow. If your equipment becomes obsolete, you might struggle to keep up with competitors, leading to decreased efficiency and lost revenue. This can make it tough to repay your business loans. Here's what to watch out for:

  • Monitoring industry trends.
  • Planning for equipment replacement cycles.
  • Assessing the cost of obsolescence versus the cost of upgrading.

Inventory Management Pitfalls

Inventory can be a real headache for manufacturing businesses. Too much, and you're tying up capital. Too little, and you're missing out on sales. It's a balancing act, and when it goes wrong, it can contribute to SBA loan defaults.

Optimizing Inventory Levels

Getting your inventory levels just right is super important. It's not about guessing; it's about using data. You need to understand your demand, lead times, and carrying costs.

  • Implement an inventory management system: This helps track stock levels, predict demand, and automate reordering.
  • Use forecasting techniques: Look at past sales data, market trends, and seasonal variations to predict future demand.
  • Regularly review and adjust: Don't just set it and forget it. Market conditions change, so your inventory levels need to adapt.

Addressing Obsolete Inventory

Obsolete inventory is like a silent killer. It sits there, taking up space and costing you money. The longer it sits, the less it's worth.

  • Regularly audit your inventory: Identify slow-moving or outdated items.
  • Implement a 'first-in, first-out' (FIFO) system: This ensures older inventory is used before newer stock.
  • Consider discounts or promotions: Try to sell off obsolete inventory at a reduced price rather than writing it off completely.

Impact of Supply Chain Disruptions

Supply chain issues can really mess with your inventory. When you can't get the materials you need, production grinds to a halt.

  • Diversify your suppliers: Don't rely on a single source for critical materials.
  • Build buffer stock: Keep a little extra inventory on hand to cover unexpected delays.
  • Communicate with suppliers: Stay in close contact with your suppliers to anticipate potential disruptions.
Effective inventory management is not just about avoiding shortages or overstocking. It's about optimizing your entire supply chain to minimize costs, improve efficiency, and ensure you can meet customer demand. It's a continuous process of monitoring, analyzing, and adjusting your strategies to stay ahead of the game.

Consequences of Secured Business Loan Default

Asset Seizure and Collateral Loss

When a business defaults on a secured loan, the lender has the right to seize the assets pledged as collateral. This could be anything from manufacturing equipment to vehicles or even real estate. The loss of these assets can severely impact a company's ability to operate and generate revenue. Imagine a bakery losing its ovens – production grinds to a halt. It's a tough situation, and it highlights the risk involved with secured loans.

Disruption of Business Operations

Losing essential equipment or property due to collateral loss can bring business operations to a standstill. It's not just about the immediate loss of the asset; it's about the ripple effect. Consider these points:

  • Production delays and missed deadlines.
  • Inability to fulfill existing orders.
  • Damage to reputation and customer relationships.
The disruption can be extensive, leading to a downward spiral where the business struggles to recover. It's a critical point to consider when evaluating the risks of secured financing.

Potential for Deficiency Judgments

Even after seizing and selling the collateral, the lender might not recover the full amount owed on the loan. If the sale price of the asset is less than the outstanding debt, the lender can pursue a deficiency judgment against the borrower. This means the borrower is still liable for the remaining balance. It's like this:

  1. The business defaults on a $100,000 loan secured by equipment.
  2. The lender seizes and sells the equipment for $70,000.
  3. The lender can seek a deficiency judgment for the remaining $30,000, plus any associated costs and fees.

Repercussions of Unsecured Business Loan Default

green plant on gray concrete floor

Increased Legal Action Likelihood

With unsecured loans, because there's no specific asset a lender can immediately seize, they often turn to the courts. This means a higher chance of facing a lawsuit to recover the outstanding debt. It's not just about the money you borrowed; you're also potentially on the hook for legal fees, court costs, and other expenses the lender incurs while trying to get their money back. This can quickly escalate the amount you owe and put a serious strain on your business finances. It's a stressful situation, and understanding your rights and options is key.

Liens on Business Assets

Even though an unsecured loan doesn't initially tie to a specific asset, lenders can still pursue a lien against your business assets. This means they can get a legal claim on things like your equipment, inventory, or even accounts receivable.

  • Securing a lien gives the lender priority if you declare bankruptcy or try to sell those assets.
  • It can also make it difficult to obtain additional financing, as other lenders may be hesitant to lend to you if they know someone else has a claim on your assets.
  • The process of placing a lien involves legal filings and can further damage your business's reputation.
Dealing with liens is a headache. It's important to understand what assets are at risk and how to negotiate with the lender to potentially avoid or minimize the impact of a lien. Sometimes, offering a payment plan or alternative collateral can help.

Aggressive Collection Tactics

When you default on an unsecured business loan, expect the gloves to come off. Lenders and collection agencies can use some pretty aggressive tactics to get you to pay up. This might include:

  • Frequent phone calls and letters demanding payment.
  • Contacting your customers or suppliers to pressure you.
  • Filing a lawsuit to obtain a judgment against your business.

These tactics can be incredibly stressful and disruptive to your business operations. It's important to know your rights and to document all communications with the lender or collection agency. Don't be afraid to seek legal advice if you feel you're being harassed or treated unfairly. Defaulting on unsecured business loans can lead to reporting to major business credit bureaus.

Specifics of SBA Loan Default Consequences

Government Collection Efforts

When you default on an SBA loan, the Small Business Administration SBA loan guarantee kicks in, and that's when the government starts its collection process. This isn't your average debt collector; it's the U.S. government, and they have a lot more power and resources at their disposal.

  • They can garnish wages.
  • They can seize assets.
  • They can even offset federal payments you might be expecting, like tax refunds.
The SBA's involvement makes the default process more complex and far-reaching. They're not just trying to recoup the money; they're also protecting taxpayer dollars.

Barring from Future Federal Programs

Defaulting on an SBA loan can seriously impact your ability to get any kind of federal assistance in the future. You might be barred from participating in other federal programs, including contracts, grants, and even other loan programs. This can be a major blow, especially if your business relies on government contracts or funding.

  • Inability to secure future SBA loans.
  • Restrictions on federal contracts.
  • Loss of eligibility for grant programs.

Comprehensive Pursuit of Assets

Unlike some other types of loans, SBA loan defaults often lead to a very thorough search for assets. The government will go after both business and personal assets to recover the debt. This can include bank accounts, real estate, equipment, and even personal property. They're looking to recoup as much of the business assets as possible.

  • Liens on business property.
  • Seizure of personal assets.
  • Aggressive collection tactics.

Long-Term Impact on Business Operations

Defaulting on a business loan, especially an SBA loan, can cast a long shadow over your company's future. It's not just about the immediate financial hit; the repercussions can affect your ability to operate and grow for years to come. Let's take a look at some of the key long-term impacts.

Difficulty Obtaining Future Financing

One of the most significant long-term consequences of defaulting is the difficulty in securing future financing. A history of default signals high risk to lenders, making them hesitant to approve new loans or lines of credit. This can severely limit your ability to invest in growth opportunities, manage cash flow effectively, or even weather unexpected financial challenges. Imagine trying to expand your operations or upgrade equipment when no one is willing to lend you the money. It's a tough spot to be in. Businesses with previous defaults often face higher interest rates or outright rejection. This constraint can hinder growth opportunities, restrict cash flow management options, and make it challenging to weather future financial storms. You might need to consider SBA Offer in Compromise to mitigate the long-term impact.

Damage to Business Relationships

Loan defaults don't just affect your relationship with lenders; they can also damage your relationships with suppliers, customers, and other business partners. Trust is the foundation of any successful business relationship, and a default can erode that trust. Suppliers may demand stricter payment terms, customers may question your stability, and partners may hesitate to collaborate on new ventures.

Here are some potential consequences:

  • Stricter payment terms from suppliers.
  • Loss of customer confidence.
  • Difficulty attracting new partners.
A damaged reputation can be incredibly difficult to repair, and it can take years to rebuild the trust that was lost. It's important to remember that your business relationships are valuable assets, and protecting them should be a top priority.

Reputational Harm and Trust Erosion

Beyond specific relationships, a loan default can also damage your overall business reputation. News of a default can spread quickly, especially in today's digital age, and it can create a negative perception of your company in the eyes of the public. This can lead to a loss of customers, difficulty attracting talent, and a general decline in business. It's like having a stain on your record that everyone can see. The ability to work with other government agencies or secure federal contracts in the future may also be affected. Maintaining accurate records and adhering to SBA guidelines are important to avoid equipment challenges that can lead to default.

Legal and Personal Ramifications of Default

Lawsuits and Court Judgments

When a business defaults on an SBA loan, it often triggers legal action. Lenders might file lawsuits to recover the outstanding debt. These lawsuits can lead to court judgments against the business, and sometimes, against the business owner personally, especially if a personal guarantee was involved. The costs of defending against these legal battles can be substantial, adding to the financial strain. Legal action can result in wage garnishments or liens on property.

Impact on Personal Finances

Defaulting on an SBA loan can have a devastating impact on your personal finances. If you signed a personal guarantee, you're personally liable for the debt. This means the lender can pursue your personal assets, such as savings accounts, real estate, and other investments, to satisfy the debt. A default can also severely damage your credit score, making it difficult to obtain future loans, credit cards, or even rent an apartment. The stress and anxiety associated with financial ruin can take a toll on your mental and physical health.

Here are some ways your personal finances can be affected:

  • Loss of personal assets
  • Damaged credit score
  • Increased stress and anxiety
Defaulting on a business loan can create a ripple effect, impacting not only your business but also your personal life. The legal and financial consequences can be severe and long-lasting, making it essential to take proactive steps to avoid default.

Foreclosure and Asset Liquidation

If the SBA loan was secured by real estate or other assets, the lender might initiate foreclosure proceedings. This means the lender can seize the property and sell it to recover the debt. Asset liquidation can also occur, where the lender seizes and sells other business assets, such as equipment and inventory, to satisfy the debt. This can leave the business with few resources to continue operations or attempt a recovery. The loss of these assets can be devastating, both financially and emotionally.

Mitigating Risks and Ensuring Compliance

aerial photo of gray metal parts

Adhering to SBA Guidelines

Staying on the right side of the SBA's policies is super important. It's not just about getting the loan; it's about keeping it. Make sure you understand all the rules and regulations that come with your specific SBA loan program. This might seem like a pain, but it can save you a lot of trouble down the road.

  • Regularly review the SBA's guidelines.
  • Attend workshops or webinars on SBA compliance.
  • Consult with a financial advisor who specializes in SBA loans.
Ignoring SBA guidelines can lead to your loan being revoked, and nobody wants that. It's better to be safe than sorry – take the time to understand what's expected of you.

Maintaining Accurate Records

Good record-keeping is your best friend. Keep detailed and organized records of everything related to your business finances. This includes income statements, balance sheets, tax returns, and any other relevant financial documents. Accurate records not only help you manage your business better but also make it easier to comply with SBA requirements.

  • Use accounting software to track income and expenses.
  • Keep all receipts and invoices organized.
  • Reconcile your bank statements regularly.

Developing Emergency Preparedness Plans

Stuff happens, right? Natural disasters, economic downturns, or even just a major equipment breakdown can throw your business for a loop. Having an emergency preparedness plan in place can help you weather the storm and avoid defaulting on your loan.

  • Create a business continuity plan.
  • Secure adequate insurance coverage.
  • Build an emergency fund to cover unexpected expenses.

It's super important for businesses to play by the rules and avoid problems. This means knowing what could go wrong and making sure you're doing everything right. If you're looking for help with this, our team can guide you. We make sure your business stays safe and follows all the necessary steps. Visit our website to learn more about how we can help you.

Conclusion

So, what's the takeaway here? Keeping your manufacturing business from defaulting on an SBA loan really comes down to smart money moves and having a plan. We've seen that a good chunk of small businesses, over 1% just in the first part of 2024, ran into trouble. That just shows how important it is to be on top of things. If you default, it's not just a slap on the wrist; you're looking at legal issues, money problems, and maybe even losing your stuff. To keep your business steady, you've got to watch your cash flow, make sure you're playing by the rules, and always be ready for whatever comes your way. It's all about staying ahead of the game.

Frequently Asked Questions

What happens if I default on an SBA loan, and how can it affect my personal finances?

If you fall behind on an SBA loan, it can have serious consequences for both your business and your personal finances. Lenders might take you to court to get their money back, which could lead to lawsuits, judgments against you, or even your assets being taken. If you used real estate as collateral, you could even lose your property. On a personal level, your credit scores will suffer, making it tough to get loans in the future. If you signed a personal guarantee, you could be on the hook for the debt, putting your savings and home at risk.

When is an SBA loan considered to be in default?

An SBA loan is usually considered in default if you miss payments for at least 120 days. This can happen for many reasons, like not having enough cash, a bad economy, changes in the market, or problems with how your business runs. It's smart to talk to your lender as soon as you think you might have trouble making payments. They might be willing to work with you to find a solution before things get worse.

Can I lose my personal assets if I default on an SBA loan?

Yes, it's possible to lose your personal assets if you default on an SBA loan. Many SBA loans require a personal guarantee, which means you promise to pay back the loan using your own money and property if your business can't. This can put your house, savings, and other personal belongings at risk. It's really important to understand this before you sign any loan agreements.

What should I do if my business is struggling to make SBA loan payments?

If your business is struggling to make loan payments, the best first step is to talk to your lender right away. Don't wait until you've missed several payments. They might offer options like changing your payment plan, letting you pay less for a while, or even helping you refinance the loan. Being open and honest with them can make a big difference.

How does defaulting on an SBA loan affect my credit?

Defaulting on an SBA loan can severely damage your credit. This makes it much harder to get new loans, credit cards, or even favorable terms from suppliers in the future. Lenders will see you as a high risk, which can limit your business's ability to grow and operate smoothly. It can take a long time to repair your credit after a default.

Will the government get involved if I default on an SBA loan?

Yes, the government can get involved in collecting the debt if you default on an SBA loan. Since the SBA guarantees a portion of these loans, they will step in to help the lender recover their money. This can lead to more aggressive collection efforts, and in some cases, you might even be prevented from getting future federal contracts or assistance programs.

What are some key steps to prevent an SBA loan default?

To avoid defaulting, focus on keeping a close eye on your money. Make sure you know exactly how much cash is coming in and going out. Try to build up an emergency fund for unexpected costs. Also, make sure your business is following all the rules of your SBA loan, and keep good records. Having a plan for emergencies, like getting business insurance, can also help protect you.

What's the difference in consequences between defaulting on a secured vs. unsecured business loan?

The main difference is what the lender can take if you don't pay. With a secured loan, you put up specific assets (like equipment or property) as collateral, which the lender can take if you default. With an unsecured loan, there's no specific collateral. However, even with unsecured loans, lenders can still take you to court to get a judgment, which could then allow them to seize other business assets or even personal assets if you signed a personal guarantee.

Frequently Asked Questions

$337,000 SBA 504 LOAN - SBA OIC CASH SETTLEMENT

$337,000 SBA 504 LOAN - SBA OIC CASH SETTLEMENT

Clients personally guaranteed an SBA 504 loan balance of $337,000.  The Third Party Lender had obtained a Judgment against the clients.  We represented clients before the SBA and negotiated an SBA OIC that was accepted for $30,000.

$154,000 SBA COVID-19 EIDL - AUDIT REPRESENTATION & RELEASE OF COLLATERAL

$154,000 SBA COVID-19 EIDL - AUDIT REPRESENTATION & RELEASE OF COLLATERAL

Our firm successfully assisted a client in closing an SBA Disaster Loan tied to a COVID-19 Economic Injury Disaster Loan (EIDL). The borrower obtained an EIDL loan of $153,800, but due to the prolonged economic impact of the COVID-19 pandemic, the business was unable to recover and ultimately closed.

As part of the business closure review and audit, we worked closely with the SBA to negotiate a resolution. The borrower was required to pay only $1,625 to release the remaining collateral, effectively closing the matter without further financial liability for the owner/officer.

This case highlights the importance of strategic negotiations when dealing with SBA settlements, particularly for businesses that have shut down due to unforeseen economic challenges. If you or your business are struggling with SBA loan debt, we focus on SBA Offer in Compromise (SBA OIC) solutions to help settle outstanding obligations efficiently.

$391,000 SBA COVID EIDL - CROSS-SERVICING DISPUTE | NEGOTIATED REINSTATEMENT & WORKOUT

$391,000 SBA COVID EIDL - CROSS-SERVICING DISPUTE | NEGOTIATED REINSTATEMENT & WORKOUT

Client's small business obtained an SBA COVID EIDL for $301,000 pledging collateral by executing the Note, Unconditional Guarantee and Security Agreement.  The business defaulted on the loan and the SBA CESC called the Note and Guarantee, accelerated the principal balance due, accrued interest and retracted the 30-year term schedule.  

The loan was transferred to the Treasury's Bureau of Fiscal Service which resulted in the statutory addition of $90,000+ in administrative fees, costs, penalties and interest with the total debt now at $391.000+. Treasury also initiated a Treasury Offset Program (TOP) levy against the client's federal contractor payments for the full amount each month - intercepting all of its revenue and pushing the business to the brink of bankruptcy.

The Firm was hired to investigate and find an alternate solution to the bankruptcy option.  After submitting formal production requests for all government records, it was discovered that the SBA failed to send the required Official 60-Day Pre-Referral Notice to the borrower and guarantor prior to referring the debt to Treasury. This procedural due process violation served as the basis to submit a Cross-Servicing Dispute to recall the debt from Treasury back to the SBA and to negotiate a reinstatement of the original 30-year maturity date, a modified workout, cessation of the TOP levy against the federal contractor payments and removal of the $90,000+ Treasury-based collection fees, interest and penalties.

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