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Common Mistakes to Avoid When Applying for an SBA Offer in Compromise

In the realm of Small Business Administration (SBA) offers in compromise, many entrepreneurs find themselves entangled in a web of complexity and confusion. It's crucial to approach the process with a clear understanding of the requirements and pitfalls to avoid. Here at Protect Law Group, we have compiled a comprehensive guide to help you navigate through the potential pitfalls and common mistakes encountered when applying for an SBA offer in compromise. By familiarizing yourself with these critical errors, you can enhance your chances of success.

Insufficient Documentation: When applying for an SBA offer in compromise, the importance of documentation cannot be overstated. Inadequate or incomplete documentation can lead to delays, rejections, or even a complete dismissal of your application. Ensure that you gather and organize all the necessary paperwork, including financial statements, tax returns, bank statements, and other supporting documents. Comprehensive documentation establishes credibility and reinforces your case, significantly increasing your chances of success.
Failure to Meet Eligibility Criteria: The SBA has specific eligibility criteria that must be met for an offer in compromise to be considered. One common mistake is applying for an offer without meeting these criteria, leading to automatic rejection. Ensure that you thoroughly review the SBA's guidelines and eligibility requirements before proceeding. By understanding the criteria and tailoring your application accordingly, you can position yourself for a successful outcome.
Inaccurate Valuation of Assets: Accurately valuing your business assets is crucial for a successful SBA offer in compromise. Overestimating or underestimating the value of your assets can have significant consequences, impacting the acceptance or rejection of your application. It is advisable to consult with professionals who can provide an objective assessment of your assets' worth. A precise valuation demonstrates transparency and credibility, increasing your chances of acceptance.
Lack of Understanding Regarding Reasonable Collection Potential: The concept of reasonable collection potential (RCP) plays a pivotal role in SBA offer in compromise evaluations. RCP is an assessment of your ability to repay your outstanding debts based on your income, expenses, assets, and liabilities. Many applicants make the mistake of overlooking this critical factor, resulting in a flawed application. Take the time to thoroughly understand RCP and ensure that your financial calculations accurately reflect your true repayment potential.
Inadequate Negotiation and Communication Skills: When it comes to negotiating with the SBA, effective communication and negotiation skills are paramount. Many applicants underestimate the importance of clear, concise, and persuasive communication throughout the process. Take the time to craft a well-written, professionally presented application that clearly outlines your financial situation, hardships faced, and your proposed resolution. By effectively conveying your case and presenting a compelling argument, you can significantly increase your chances of acceptance.
Missed Deadlines and Incomplete Applications: Deadlines are non-negotiable when it comes to submitting an SBA offer in compromise. Missing a deadline or submitting an incomplete application can result in immediate rejection. To avoid this mistake, meticulously review the requirements and ensure that all necessary documents are included. Set reminders for key submission dates, allowing ample time for any potential delays. By submitting a complete and timely application, you demonstrate your commitment and professionalism to the SBA.
Failure to Seek Professional Assistance: Navigating the complex terrain of an SBA offer in compromise can be overwhelming for many entrepreneurs. One of the most critical mistakes is attempting to tackle the process alone, without seeking professional assistance. Working with experienced professionals who specialize in SBA offers in compromise can provide invaluable guidance, increase your chances of success, and help you avoid costly mistakes. They possess the knowledge and expertise

The attorneys at Protect Law Group have years of experience dealing with the SBA. Contact us to today to set up a case evaluation.

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

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.

$488,000 SBA 7A LOAN - SBA OHA LITIGATION

The clients are personally guaranteed an SBA 7(a) loan. The SBA referred the debt to the Department of Treasury, which was seeking payment of $487,981 from our clients. We initially filed a Cross-Servicing Dispute, which was denied. As a result, we filed an Appeals Petition with the SBA Office of Hearings and Appeals asserting legal defenses and supporting evidence uncovered during the discovery and investigation phase of our services. Ultimately, the SBA settled the debt for $25,000 - saving our clients approximately $462,981.

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$298,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

Clients obtained an SBA 7(a) loan for their small business in the amount of $298,000. They pledged their primary residence and personal guarantees as direct collateral for the loan. The business failed, the lender was paid the 7(a) guaranty money and the debt was assigned to the SBA. Clients received the Official 60-Day Notice giving them a couple of options to resolve the debt balance directly with the SBA before referral to Treasury's Bureau of Fiscal Service. The risk of referral to Treasury would add nearly $95,000 to the SBA principal loan balance. With the default interest rate at 7.5%, the amount of money to pay toward interest was projected at $198,600. Clients hired the Firm with only 4 days left to respond to the 60-Day due process notice. Because the clients were not eligible for an Offer in Compromise (OIC) due to the significant equity in their home and the SBA lien encumbering it, the Firm Attorneys proposed a Structured Workout to resolve the SBA debt. After back and forth negotiations, the SBA Loan Specialist assigned to the case approved the Workout terms which prevented potential foreclosure of their home, but also saved the clients approximately $294,000 over the agreed-upon Workout term with a waiver of all contractual and statutory administrative fees, collection costs, penalties, and interest.

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

Client personally guaranteed SBA 7(a) loan for $150,000. COVID-19 caused the business to fail, and the loan went into default with a balance of $133,000. Client initially hired a non-attorney consultant to negotiate an OIC. The SBA summarily rejected the ineligible OIC and the debt was referred to Treasury’sBureau of Fiscal Service for enforced collection in the debt amount of $195,000. We were hired to intervene and initiated discovery for SBA and Fiscal Service records. We were able to recall the case from Fiscal Service back to the SBA. We then negotiated a structured workout with favorable terms that saves the client approximately $198,000 over the agreed-upon workout term by waiving contractual and statutory administrative fees, collection costs, penalties, and interest.

Common Mistakes to Avoid When Applying for an SBA Offer in Compromise