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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.

$212,000 SBA 7(a) LOAN – PERSONAL GUARANTY LIABILITY | NEGOTIATED 24% SETTLEMENT

$212,000 SBA 7(a) LOAN – PERSONAL GUARANTY LIABILITY | NEGOTIATED 24% SETTLEMENT

Our firm successfully resolved an SBA 7(a) loan default in the amount of $212,000 on behalf of an individual guarantor. The borrower’s business experienced a significant downturn in revenue and was unable to sustain operations, ultimately leading to closure and a remaining personal guaranty obligation.

After conducting a thorough financial review and preparing a comprehensive SBA Offer in Compromise (SBA OIC) submission, we negotiated directly with the SBA and lender to achieve a settlement of $50,000—approximately 24% of the outstanding balance. This favorable resolution released the guarantor from further personal liability and provided the opportunity to move forward free from the burden of enforced collection.

$364,000 7a LOAN - Release of SBA Mortgage on Real Estate

$364,000 7a LOAN - Release of SBA Mortgage on Real Estate

Our firm successfully resolved an SBA 7a loan in the original amount of $364,000 for a New Jersey-based borrower. The client filed Chapter 7 bankruptcy but the mortgage on his real estate securing the loan remained in place. The available equity amounted to $263,470 and the deficiency equaled $317,886.

We gathered the pertinent documentation and prepared a comprehensive collateral analysis. We negotiated directly with the SBA, obtaining a full release of the mortgage for $80,000.

$1,200,000 SBA 7A LOAN - SBA OHA LITIGATION

$1,200,000 SBA 7A LOAN - SBA OHA LITIGATION

Client personally guaranteed an SBA 7(a) loan to help with a relative’s new business venture.  After the business failed, Treasury was able to secure a recurring Treasury Offset Program (TOP) levy against his monthly Social Security Benefits based on the claim that he owed over $1.2 million dollars. We initially submitted a Cross-Servicing Dispute, but then, prepared and filed an Appeals Petition with the SBA Office of Hearings and Appeals (SBA OHA).  As a result of our efforts, we were able to convince the SBA to not only terminate the claimed debt of $1.2 million dollars against our client (without him having to file bankruptcy) but also refund the past recurring amounts that were offset from his Social Security Benefits in connection with the TOP levy.

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