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Challenges in SBA Loan Forgiveness

SBA Loan Forgiveness can be a challenging process. Don’t go through it alone, as Protect Law Group is here to help! Learn more today.

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Challenges in SBA Loan Forgiveness

Securing forgiveness for Small Business Administration (SBA) loans is a critical, yet challenging, task for many small business owners. While SBA loans provide essential relief, the forgiveness process can be complex and fraught with obstacles. Understanding these challenges, including recent updates and regulations, is crucial. This blog explores common issues businesses face and how Protect Law Group can assist with essential SBA loan help.

Understanding Forgiveness Requirements

A major challenge in SBA loan forgiveness is navigating the complex and evolving requirements. Initial provisions under the CARES Act were broad, but subsequent updates have introduced new rules concerning fund usage and employee retention. Staying informed and compliant with these regulations is vital for maximizing forgiveness.

Accurate Documentation

Proper documentation is crucial but often problematic. The SBA requires detailed records of how loan funds were used, including payroll, rent, and utilities. Errors or missing information can delay or deny forgiveness. Partnering with an SBA loan attorney from Protect Law Group ensures accurate documentation and reduces the risk of issues.

Compliance with Spending Requirements

Meeting specific spending requirements is essential for forgiveness. Loans must be used mainly for payroll, with up to 40% allowed for other expenses. Recent changes have adjusted these thresholds and timelines. An SBA loan attorney can provide guidance on correct fund allocation to comply with the latest rules.

Employee Retention Challenges

Maintaining the required number of employees is another challenge. The SBA forgiveness program often mandates that businesses retain or restore staffing levels to pre-pandemic numbers. If retaining staff is difficult, businesses may struggle to meet this criterion. Protect Law Group offers SBA loan help to address these retention issues and navigate workforce requirements.

Adapting to Legislative Changes

The SBA forgiveness landscape is continuously evolving. New rules and amendments can affect eligibility and terms. Staying current with these changes is essential. Protect Law Group’s expertise in the latest SBA regulations can help businesses adapt and make informed decisions.

Appeal and Review Process

Sometimes, businesses face challenges during the review process or receive a denial. Navigating the appeal process requires a thorough understanding of SBA procedures. An SBA loan attorney from Protect Law Group can assist with preparing and presenting an effective appeal.

Navigating SBA loan forgiveness involves addressing complex requirements, documentation issues, and compliance challenges. With recent updates and evolving regulations, the process can be daunting. Protect Law Group offers invaluable SBA loan help, providing expert guidance to overcome these obstacles and enhance your chances of successful forgiveness. Partnering with our attorneys ensures that you can manage these challenges effectively and focus on your business's growth and recovery.

Why Hire Us to Help You with Your Treasury or SBA Debt Problems?

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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

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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

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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.

$383,000 SBA 7A LOAN - NEGOTIATED RELEASE OF LIEN FOR CONSIDERATION

$383,000 SBA 7A LOAN - NEGOTIATED RELEASE OF LIEN FOR CONSIDERATION

Clients executed several trust deeds pledging seven (7) real estate properties and unconditional personal guarantees for an SBA 7(a) loan from the participating lender. The clients' small business failed and eventually defaulted on repayment of the loan exposing all collateral pledged by the clients. The SBA subsequently acquired the loan balance from the lender, including the right to liquidate  and collect all pledged collateral pursuant to the trust deed instruments.

The Firm was hired to negotiate separate release of lien proposals for all 7 real estate properties. In preparation for the work assignment, the Firm Attorneys initiated discovery  to secure records from the SBA and Treasury's Bureau of Fiscal Service. After reviewing the records and understanding the interplay between the lender and the SBA, the attorneys then prepared, submitted and negotiated the release of lien (ROL) for each of the 7 real estate properties for consideration.

After submitting the proposals, the assigned SBA Loan Specialists approved each ROL package - significantly reducing the total SBA debt claimed.

$150,000 SBA COVID-19 EIDL – BUSINESS CLOSURE REVIEW & COLLATERAL RELEASE | NEGOTIATED RESOLUTION

$150,000 SBA COVID-19 EIDL – BUSINESS CLOSURE REVIEW & COLLATERAL RELEASE | NEGOTIATED RESOLUTION

Our firm successfully resolved an SBA COVID-19 Economic Injury Disaster Loan (EIDL) default in the amount of $150,000 on behalf of Illinois-based client. After the business permanently closed due to the economic impacts of the pandemic, the owners faced potential personal liability if the business collateral was not liquidated properly under the SBA Security Agreement.

We guided the client through the SBA’s Business Closure Review process, prepared a comprehensive financial submission, and negotiated directly with the SBA to release the collateral securing the loan. The borrower satisfied their collateral obligations with a payment of  $2,075, resolving the SBA’s security interest.

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

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

The client personally guaranteed an SBA 7(a) loan for $150,000. His business revenue decreased significantly causing default and an accelerated balance of $143,000. The client received the SBA's Official 60-day notice with the debt scheduled for referral to the Treasury’s Bureau of Fiscal Service for aggressive collection in less than 26 days. We were hired to represent him, respond to the SBA's Official 60-day notice, and prevent enforced collection by the Treasury and the Department of Justice. We successfully negotiated a structured workout with an extended maturity date that included a reduction of the 14% interest rate and removal of substantial collection fees (30% of the loan balance), effectively saving the client over $242,000.

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