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.
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.
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 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!
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 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.
The client personally guaranteed an SBA 504 loan balance of $375,000. Debt had been cross-referred to the Treasury at the time we got involved with the case. We successfully had debt recalled to the SBA where we then presented an SBA OIC that was accepted for $58,000.
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.
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