SBA Offers in Compromise (OIC)
If you have had trouble with small business finances, then you may have heard about offer in compromise, or OIC. Here is everything you need to know.
Can My Business Submit an Offer in Compromise for a Covid EIDL Loan?
Book a Consultation CallIf you obtained a Covid EIDL loan and your business is struggling financially, you may be able to compromise the debt for less than what is owed on behalf of your business. Traditionally, the SBA’s policy has been “compromise negotiations with an Obligor on a Disaster Business Loan should not be initiated until after the business is closed.”
However, in response to the huge volume of Covid EIDL loans, the SBA has issued a new offer in compromise (OIC) form that suggests the SBA may be entertaining OICs for a business that is still active. The form identifies the necessary documentation that a business should submit for the OIC.
It is unknown at this time what the SBA will do with such OIC submissions as they have not made any statements or issued any guidance as to OICs on Covid EIDL loans submitted on behalf of a business.
If you wish to learn more, please visit us at www.sba-attorneys.com.
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.
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.
Clients personally guaranteed SBA 7(a) loan balance of over $300,000. Clients also pledged their homes as additional collateral. SBA OIC accepted $87,000 with the full lien release against the home.
Our firm successfully resolved an SBA 7(a) loan default in the amount of $140,000 on behalf of a husband-and-wife guarantor pair. The business had closed following a prolonged decline in revenue, leaving the borrowers personally liable for the remaining balance.
After conducting a comprehensive financial analysis and preparing a detailed SBA Offer in Compromise (SBA OIC) package, we negotiated directly with the SBA and the lender to achieve a settlement for $70,000 — just 50% of the outstanding balance. This settlement released the borrowers from further personal liability and allowed them to move forward without the threat of enforced collection.
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