SBA Loan Default: The Fine Print
Dealing with an SBA OIC case can be hard. You should allow one of our lawyers to settle SBA debt for you. Talk to us about your SBA loan default situation.
Explore COVID-19 relief programs for small businesses with Protect Law Group. Discover how PPP and EIDL can support your recovery—get help today!
Book a Consultation CallThe COVID-19 pandemic has profoundly impacted small businesses across the nation, leading to unprecedented challenges and financial hardships. To combat these issues, the federal government introduced various relief programs aimed at providing financial assistance to eligible businesses.
Protect Law Group will delve into key SBA programs related to pandemic relief, focusing on the Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDL). By understanding these business debt relief resources, small business owners can navigate recovery more effectively.
As of late 2023, various updates and adjustments have been made to both PPP and EIDL programs to reflect the evolving landscape of economic recovery. Small business owners should stay informed about any new guidelines or extensions offered by the SBA, as these can significantly impact their ability to access business debt relief.
The Paycheck Protection Program (PPP) was designed to help small businesses maintain their workforce during the COVID-19 crisis. By offering forgivable loans to cover payroll expenses, the program aimed to ensure employees remained on the job. Businesses could apply for loans amounting to 2.5 times their average monthly payroll costs, which significantly aided companies struggling to pay their staff during lockdowns and reduced operations. SBA loan lawyers were able to make a profound difference for their clients.
Eligibility for PPP loans was broad, but specific criteria had to be met. Small businesses with fewer than 500 employees, self-employed individuals, and certain non-profits were eligible to apply. It's essential to note that applicants needed to demonstrate that the pandemic negatively affected their business operations, reinforcing the loan's intended purpose of providing much-needed support during tough times.
One of the standout features of PPP loans was their potential for forgiveness. To have their loans forgiven, businesses needed to use at least 60% of funds for payroll costs, while the remaining 40% could cover rent, utilities, and mortgage interest. By following proper procedures and maintaining employee retention, businesses could effectively turn their loans into grants, greatly alleviating financial burdens.
In addition to PPP loans, the Economic Injury Disaster Loan (EIDL) program served as another crucial resource for small business debt relief during the pandemic. EIDLs were designed to provide working capital to cover operational expenses and help businesses regain their financial footing. These low-interest loans became vital for businesses struggling to meet their financial obligations due to pandemic-related disruptions.
To qualify for EIDLs, businesses had to demonstrate substantial economic injury caused by the pandemic, which could include reduced revenue and increased expenses. The application process required businesses to provide essential financial information, including profit and loss statements. As a result, understanding the necessary documentation upfront helped expedite the application process. SBA loan lawyers can help businesses navigate this paperwork.
By leveraging these resources, business owners can better navigate recovery and adapt to a post-pandemic world. Staying informed about current business debt relief is crucial for long-term success, and small business owners should continue to explore their options as they seek to regain stability and growth. Contact Protect Law Group for more detailed information and guidance.
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.
Client’s small business obtained an SBA 7(a) loan for $750,000. She and her husband signed personal guarantees exposing all of their non-exempt income and assets. With just 18 months left on the maturity date and payment on the remaining balance, the Great Recession of 2008 hit, which ultimately caused the business to fail and default on the loan terms. The 7(a) lender accelerated and sent a demand for full payment of the remaining loan balance. The SBA lender’s note allowed for a default interest rate of about 7% per year. In response to the lender's aggressive collection action, Client's husband filed for Chapter 7 bankruptcy in an attempt to protect against their personal assets. However, his bankruptcy discharge did not relieve the Client's personal guarantee liability for the SBA debt. The SBA lender opted to pursue the SBA 7(a) Guaranty and subsequently assigned the loan and the right to enforce collection against the Client to the SBA. The Client then received the SBA Official 60-Day Notice. After conducting a Case Evaluation with her, she then hired the Firm to respond and negotiate on her behalf with just 34 days left before the impending referral to Treasury. The Client wanted to dispute the SBA’s alleged debt balance as stated in the 60-Day Notice by claiming the 7(a) lender failed to liquidate business collateral in a commercially reasonable manner - which if done properly - proceeds would have paid back the entire debt balance. However, due to time constraints, waivers contained in the SBA loan instruments, including the fact the Client was not able to inspect the SBA's records for investigation purposes before the remaining deadline, Client agreed to submit a Structured Workout for the alleged balance in response to the Official 60-Day Notice as she was not eligible for an Offer in Compromise (OIC) because of equity in non-exempt income and assets. After back and forth negotiations, the SBA Loan Specialist approved the Workout proposal, reducing the Client's purported liability by nearly $142,142.27 in accrued interest, and statutory collection fees. Without the Firm's intervention and subsequent approval of the Workout proposal, the Client's debt amount (with accrued interest, Treasury's statutory collection fee and Treasury's interest based on the Current Value of Funds Rate (CVFR) would have been nearly $291,030.
Client received the SBA's Official 60-Day Notice for a loan that was obtained by her small business in 2001. The SBA loan went into default in 2004 but after hearing nothing from the SBA lender or the SBA for 20 years, out of the blue, she received the SBA's collection due process notice which provided her with only one of four options: (1) repay the entire accelerated balance immediately; (2) negotiate a repayment arrangement; (3) challenge the legal enforceability of the debt with evidence; or (4) request an OHA hearing before a U.S. Administrative Law Judge.
Client hired the Firm to represent her with only 13 days left before the expiration deadline to respond to the SBA's Official 60-Day Notice. The Firm attorneys immediately researched the SBA's Official loan database to obtain information regarding the 7(a) loan. Thereafter, the Firm attorneys conducted legal research and asserted certain affirmative defenses challenging the legal enforceability of the debt. A written response was timely filed to the 60-Day Notice with the SBA subsequently agreeing with the client's affirmative defenses and legal arguments. As a result, the SBA rendered a decision immediately terminating collection of the debt against the client's alleged personal guarantee liability saving her $50,000.
Our firm successfully assisted a client in closing an SBA Disaster Loan tied to a COVID-19 Economic Injury Disaster Loan (EIDL). The borrower obtained an EIDL loan of $153,800, but due to the prolonged economic impact of the COVID-19 pandemic, the business was unable to recover and ultimately closed.
As part of the business closure review and audit, we worked closely with the SBA to negotiate a resolution. The borrower was required to pay only $1,625 to release the remaining collateral, effectively closing the matter without further financial liability for the owner/officer.
This case highlights the importance of strategic negotiations when dealing with SBA settlements, particularly for businesses that have shut down due to unforeseen economic challenges. If you or your business are struggling with SBA loan debt, we focus on SBA Offer in Compromise (SBA OIC) solutions to help settle outstanding obligations efficiently.
.jpg)
