If you Owe more than $30,000 contact us for a case evaluation at (833) 428-0937
contact us for a free case evaluation at (833) 428-0937
Call us (833) 428-0937

Chapter 7 vs Chapter 11: Navigating Small Business Bankruptcy and SBA Loan Programs

Book a Consultation Call

Chapter 7 vs Chapter 11: Navigating Small Business Bankruptcy and SBA Loan Programs

When facing financial challenges, it's crucial for small business owners to understand their options regarding small business bankruptcy. Two common bankruptcy filings for small businesses are Chapter 7 and Chapter 11. At Protect Law Group, we specialize in negotiating compromises and repayment plans with the Small Business Administration (SBA) on your behalf and we have successfully resolved millions of dollars in SBA debt.

In this blog, we'll discuss the differences between these bankruptcy types and explore the role of Small Business Administration (SBA) programs such as SBA loan forgiveness and SBA debt relief. We'll also touch on the SBA debt relief extension and how it can benefit struggling businesses.

Schedule a Consultation

Understanding Small Business Bankruptcy: Chapter 7 vs Chapter 11

Chapter 7 bankruptcy, also known as liquidation, is a process where a business ceases operations, and its assets are sold to pay off outstanding debts. This type of small business bankruptcy is suitable for businesses that cannot continue operating due to their financial struggles.

In contrast, Chapter 11 bankruptcy is a reorganization process that allows businesses to continue operating while restructuring their debts. This form of small business bankruptcy is ideal for companies with a viable business model that requires financial reorganization to become profitable again.

Repayment Plan Negotiations for Small Business Bankruptcy and SBA Debt Relief

Another essential aspect to consider when navigating Chapter 7 or Chapter 11 small business bankruptcy or seeking SBA debt relief is negotiating a repayment plan with creditors. A well-negotiated repayment plan can ease financial burdens and allow businesses more time to recover and regain their footing. In some cases, this could even help avoid small business bankruptcy altogether.

When negotiating a repayment plan, it's vital to be transparent with your creditors and attorneys about your business's financial situation and your ability to make payments. By working closely with your creditors and demonstrating your commitment to repaying your debts, the lawyers at Protect Law Group may secure more favorable terms, such as reduced interest rates or extended payment periods. 

Additionally, exploring options like SBA debt relief and SBA loan forgiveness can complement these negotiations, further strengthening your business's financial position. 

SBA Loan Forgiveness and Its Impact on Small Business Bankruptcy

SBA loan forgiveness programs, such as the Paycheck Protection Program (PPP), can alleviate the financial burden on small businesses by forgiving a portion or the entire loan amount, provided specific criteria are met. When a business qualifies for SBA loan forgiveness, it can prevent the need for small business bankruptcy by reducing the debt load.

It's important for business owners to understand the requirements of SBA loan forgiveness programs and seek assistance from professionals like the attorneys at Protect Law Group to maximize their chances of receiving loan forgiveness, potentially avoiding small business bankruptcy altogether.

If you have received a 60-day notice of repayment from the SBA and are considering Chapter 7 or Chapter 11 bankruptcy, call our office first! 

Contact an Attorney

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

construction accident injury lawyer

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

slip and fall attorney

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

truck accident injury attorney

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.

$680,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

$680,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

Small business sole proprietor obtained an SBA COVID-EIDL loan for $500,000. Client defaulted causing SBA to charge-off the loan, accelerate the balance and refer the debt to Treasury's Bureau of Fiscal Service for aggressive collection. Treasury added $180,000 in collection fees totaling $680,000+. Client tried to negotiate with Treasury but was only offered a 3-year or 10-year repayment plan. Client hired the Firm to represent before the SBA, Treasury and a Private Collection Agency.  After securing government records through discovery and reviewing them, we filed an Appeals Petition with the SBA Office of Hearings & Appeals (OHA) court challenging the SBA's referral of the debt to Treasury citing a host of purported violations. The Firm was able to negotiate a reinstatement and recall of the loan back to the SBA, participation in the Hardship Accommodation Plan, termination of Treasury's enforced collection and removal of the statutory collection fees.

$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 - 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.

Read more Case Results

Related Content

Read more sba debt articles