SBA Loan Default and the SBA Disaster Relief Loan
We will analyze your SBA loan problems and advise you on potential solutions such as an SBA offer in compromise.
Discover key factors regarding business loan repayment obligations after a business failure. Explore SBA loan forgiveness options and consult with Protect Law Group.
Book a Consultation CallHere at Protect Law Group, we have the privilege of serving clients all over the country. We understand the financial challenges that businesses may encounter, particularly when it comes to securing business loans. As a result, one common question that often arises is, "Can a Business Loan be Forgiven if the Business Fails?" In this blog post, we will delve into this important issue and discuss key considerations, including SBA loan forgiveness options. We aim to provide you with the necessary information to make informed decisions for your business's financial future. Read on to learn more!
Business loans are crucial for many entrepreneurs and small business owners to start, grow, or sustain their operations. However, economic downturns, unforeseen circumstances, or other factors can sometimes lead to business failure. In such instances, the question of loan repayment becomes pertinent.
When a business closes its doors, business owners need to understand that the debts incurred, such as business loans, do not simply vanish. Unfortunately, as a business owner, you may be personally liable for any loans that you have guaranteed. This means that even if your business is no longer operating, you may still be obligated to repay these loans if your business structure allows for a personal guarantee. It is crucial to have a thorough understanding of the financial responsibilities that come with owning a business, as it can have a significant impact on your finances in the event of closure.
The Small Business Administration (SBA) offers loan forgiveness programs for certain types of loans, providing a reduction of the debt obligation to eligible borrowers facing financial hardship. SBA forgiveness loan options can assist in alleviating the burden of repayment in specific circumstances. Our team can guide you through the process of applying for SBA loan forgiveness and help determine if you qualify for these programs.
At Protect Law Group, we specialize in assisting businesses and individuals with legal matters related to business loans, including SBA forgiveness. If you are grappling with a failed business and uncertain loan repayment obligations, we are here to provide expert guidance and personalized solutions tailored to your situation.
Our experienced attorneys are well-versed in navigating complex financial issues, including debt resolution, negotiating settlements, and exploring legal options to protect your interests. We will work closely with you to understand the specifics of your case and develop a strategic plan to address your concerns effectively.
Navigating the aftermath of a failed business can be overwhelming, but you don't have to face it alone. Our team at Protect Law Group is dedicated to helping you find clarity and peace of mind in uncertain times. Contact us today to schedule a consultation and take the first step toward resolving your business loan challenges.
Millions of Dollars in SBA Debts Resolved via Offer in Compromise and Negotiated Repayment Agreements without our Clients filing for Bankruptcy or Facing Home Foreclosure
Millions of Dollars in Treasury Debts Defended Against via AWG Hearings, Treasury Offset Program Resolution, Cross-servicing Disputes, Private Collection Agency Representation, Compromise Offers and Negotiated Repayment Agreements
Our Attorneys are Authorized by the Agency Practice Act to Represent Federal Debtors Nationwide before the SBA, The SBA Office of Hearings and Appeals, the Treasury Department, and the Bureau of Fiscal Service.
Our firm successfully negotiated an SBA offer in compromise (SBA OIC), settling a $974,535.93 SBA loan balance for just $18,000. The offerors, personal guarantors on an SBA 7(a) loan, originally obtained financing to purchase a commercial building in Lancaster, California.
The borrower filed for bankruptcy, and the third-party lender (TPL) foreclosed on the property. Despite the loan default, the SBA pursued the offerors for repayment. Given their limited income, lack of significant assets, and approaching retirement, we presented a strong case demonstrating their financial hardship.
Through strategic negotiations, we secured a favorable SBA settlement, reducing the nearly $1 million debt to a fraction of the amount owed. This outcome allowed the offerors to resolve their liability without prolonged financial strain.
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.
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.
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