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Presenting Your Case To The SBA

Navigate SBA debt challenges with our expert guide. Learn effective strategies to present your case and explore legal solutions to protect your business.

Have you ever found yourself in the precarious situation of dealing with a Small Business Administration (SBA) debt but unsure of how to effectively address or resolve it? Navigating the complexities of SBA debt issues can be a daunting task, especially for small business owners who are already juggling numerous responsibilities. In this comprehensive guide, you will gain valuable insights into how to present your case to the SBA effectively when faced with debt-related challenges.

Understanding SBA Debt and Its Implications

Before delving into strategies for presenting your case, it is crucial to fully understand what SBA debt entails and the potential implications it carries for your business. SBA loans are often a lifeline for small business owners, but when financial difficulties arise, loan repayment can become a significant burden. Defaulting on these loans can lead to severe consequences such as asset seizure, credit score damage, or even business closure. Therefore, it is imperative to approach such matters with caution and a strategic mindset.

Protect Law Group: Your Partner in SBA Debt Resolution

Recognizing the complexities of dealing with SBA debt, Protect Law Group stands as a beacon of hope for small business owners across the United States. Specializing in SBA and Treasury debt issues, this law firm offers a comprehensive suite of legal services aimed at minimizing damage to your business or personal asset base. From initial case evaluations to implementing effective resolution plans, their attorneys bring expertise and cutting-edge technologies to the table.

Areas of Expertise

Protect Law Group boasts a wealth of experience in various areas pertinent to SBA debt. These areas include the development and implementation of proactive strategies to defend and potentially resolve SBA debt collection matters. Additionally, they are equipped to apply legal authorities to support your positions while reviewing the bases for filing Appeals Petitions with the SBA Office of Hearings and Appeals (OHA).

Presenting Your Case: Key Considerations

When preparing to present your case to the SBA, certain considerations must be at the forefront of your approach. These key considerations serve as the foundation for formulating a compelling presentation that acknowledges the severity of your financial challenges while proposing viable solutions.

Proactive Strategy Development

An effective approach begins with the development of a proactive strategy. This involves a thorough understanding of your debt scenario and potential consequences, combined with a plan to manage or mitigate these challenges. Engaging legal experts, like those at Protect Law Group, to devise such strategies can be instrumental in ensuring your case is approached from a knowledgeable standpoint.

Application of Legal Authorities

Applying relevant legal principles to your case is critical in supporting your position. By aligning your arguments with legal precedents and frameworks, you enhance the credibility of your case. This requires a deep understanding of applicable laws and a strategic application of these authorities to bolster your argument.

Investigation of Errors

Comprehensive fact-finding is essential when preparing to present your case. Identifying factual, procedural, or legal mistakes in how your debt has been handled can form the basis of a strong defense. A meticulous examination of the circumstances surrounding your debt, aided by skilled attorneys, can uncover errors that may significantly impact your case’s outcome.

Intervening in Response to Notices

In situations where you receive notices from or on behalf of the SBA—such as administrative offsets or federal salary offsets—swift and informed intervention is necessary. Understanding the content and implications of these notices is crucial in determining appropriate legal actions and responses.

Services Offered by Protect Law Group

With a focus on delivering results-driven solutions, Protect Law Group provides an array of services designed to alleviate the burden of SBA debt. Understanding these options can empower you to make informed decisions about your case.

SBA Offer in Compromise (OIC)

The Offer in Compromise program is a valuable tool for businesses struggling with SBA debt. It allows eligible businesses to settle their debt for a reduced amount. This not only lightens the financial load but also keeps the business afloat by preventing more severe measures such as asset liquidation or bankruptcy.

Eligibility and Process

To be eligible for an OIC, you must demonstrate that your business cannot afford to repay the full amount owed, and there is no viable way to repay the debt without compromising business operations. The process involves submitting a detailed proposal to the SBA, highlighting your financial difficulties and the rationale behind the offered settlement amount.

Structured Workout

A structured workout is a negotiated agreement with the SBA that sets forth a revised repayment plan over an extended period. This provides the debtor with manageable repayment terms that account for current financial capabilities.

Negotiation and Implementation

Entering a structured workout agreement necessitates skilled negotiation, typically involving financial disclosures that demonstrate your inability to meet original repayment terms. Partnering with negotiators who possess a thorough understanding of SBA policies can optimize the terms and conditions of the workout.

Administrative Litigation

In some cases, legal representation in administrative litigation may be necessary. Protect Law Group attorneys can represent your interests before the SBA Office of Hearings and Appeals.

Preparing for Litigation

In preparation for administrative litigation, you need to gather comprehensive documentation and evidence to support your case. This includes financial records and correspondence with lenders and the SBA. Experienced litigators can significantly improve your chances of securing a favorable outcome.

Negotiations

Skilled negotiation can play a pivotal role in altering the terms of your SBA debt to more favorable conditions.

Strategies for Successful Negotiation

Successful negotiation relies on a clear demonstration of your business’s financial situation and the burdens imposed by existing debt obligations. This involves presenting a realistic assessment of your inability to meet current terms and the potential benefits of renegotiated ones for both parties.

Litigation Services and Cross-Servicing Disputes

Should negotiations fail and litigation ensue, Protect Law Group is ready to advocate on your behalf. Experienced in handling lawsuits initiated by the SBA, their attorneys offer a valuable buffer against potential legal pitfalls. This includes assisting in disputes related to cross-servicing, where debts are transferred to the Treasury’s Bureau of Fiscal Service.

Preserving Your Asset Base

In dealing with litigation and cross-servicing disputes, preserving your business or personal assets is paramount. Legal strategies should focus on minimizing damage and ensuring business continuity.

Avoiding Severe Consequences of SBA Loan Default

The ramifications of defaulting on SBA loans can be devastating. Foreclosure, bankruptcy, and significant reputational damage are outcomes that all small business owners wish to avoid. Thus, timely intervention and expert guidance are necessary.

Benefits of Partnering with Protect Law Group

Protect Law Group offers distinct advantages to its clients:

  • Expertise in SBA Debt Resolution: Their attorneys have resolved millions of dollars in SBA debts, gaining valuable experience in the nuances of these cases.
  • Negotiation Mastery: Their seasoned negotiators are adept at securing favorable terms in restructuring SBA loans or managing litigation.
  • Peace of Mind: Navigating SBA debt can be profoundly stressful. Having a trusted legal partner allows you to focus on business operations while knowing your legal matters are in capable hands.

Why Choose Protect Law Group?

Several factors set Protect Law Group apart from other firms addressing SBA debt:

  • Their attorneys employ six core principles tailored to resolving SBA loan problems effectively.
  • They offer a superior client experience marked by transparency and education, ensuring you fully understand your options throughout the process.
  • With a nationwide authorization under the Agency Practice Act, they are equipped to represent federal debtors in all states, ensuring consistent legal representation.

Conclusion

Presenting your case to the SBA requires diligence, strategic planning, and legal expertise. Understanding the landscape of SBA debt and employing the right strategies can make a tangible difference in the outcome of your situation. With the guidance of experienced legal professionals like those at Protect Law Group, you can navigate this complex terrain with confidence, knowing that dedicated experts are by your side ready to advocate for your best interests. Seek professional guidance, and ensure that your case is presented as effectively as possible to protect your business’s future.

$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 - 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.

$750,000 SBA 7A LOAN – NEGOTIATED WORKOUT AGREEMENT

$750,000 SBA 7A LOAN – NEGOTIATED WORKOUT AGREEMENT

Client’s small business obtained an SBA 7(a) loan for $750,000.  She and her husband signed personal guarantees exposing all of their non-exempt income and assets. With just 18 months left on the maturity date and payment on the remaining balance, the Great Recession of 2008 hit, which ultimately caused the business to fail and default on the loan terms. The 7(a) lender accelerated and sent a demand for full payment of the remaining loan balance.  The SBA lender’s note allowed for a default interest rate of about 7% per year. In response to the lender's aggressive collection action, Client's husband filed for Chapter 7 bankruptcy in an attempt to protect against their personal assets. However, his bankruptcy discharge did not relieve the Client's personal guarantee liability for the SBA debt. The SBA lender opted to pursue the SBA 7(a) Guaranty and subsequently assigned the loan and the right to enforce collection against the Client to the SBA. The Client then received the SBA Official 60-Day Notice. After conducting a Case Evaluation with her, she then hired the Firm to respond and negotiate on her behalf with just 34 days left before the impending referral to Treasury. The Client wanted to dispute the SBA’s alleged debt balance as stated in the 60-Day Notice by claiming the 7(a) lender failed to liquidate business collateral in a commercially reasonable manner - which if done properly - proceeds would have paid back the entire debt balance.  However, due to time constraints, waivers contained in the SBA loan instruments, including the fact the Client was not able to inspect the SBA's records for investigation purposes before the remaining deadline, Client agreed to submit a Structured Workout for the alleged balance in response to the Official 60-Day Notice as she was not eligible for an Offer in Compromise (OIC) because of equity in non-exempt income and assets. After back and forth negotiations, the SBA Loan Specialist approved the Workout proposal, reducing the Client's purported liability by nearly $142,142.27 in accrued interest, and statutory collection fees. Without the Firm's intervention and subsequent approval of the Workout proposal, the Client's debt amount (with accrued interest, Treasury's statutory collection fee and Treasury's interest based on the Current Value of Funds Rate (CVFR) would have been nearly $291,030.

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