SBA Offers in Compromise (OIC)
If you have had trouble with small business finances, then you may have heard about offer in compromise, or OIC. Here is everything you need to know.
When faced with overwhelming debt and struggling to meet loan obligations, entrepreneurs often find themselves seeking alternatives to manage their financial burdens. One potential solution that may provide relief is an SBA (Small Business
Book a Consultation CallIn the world of small business, financial challenges can arise unexpectedly. When faced with overwhelming debt and struggling to meet loan obligations, entrepreneurs often find themselves seeking alternatives to manage their financial burdens. One potential solution that may provide relief is an SBA (Small Business Administration) Offer in Compromise. This article delves into the intricacies of this option and explores whether it is the right path for you.
When considering the possibility of an SBA Offer in Compromise, it's crucial to evaluate the benefits and drawbacks it entails. This section examines the various aspects of this option to help you determine if it aligns with your business needs and financial situation.
The SBA Offer in Compromise is a program designed to assist small business owners burdened by substantial debt. It offers a potential resolution by allowing eligible personal guarantors to settle their debts for less than the total amount owed. By negotiating with the SBA, entrepreneurs can reduce their financial obligations and regain control of their finances.
Not all personal guarantors qualify for an SBA Offer in Compromise. Meeting the eligibility requirements is essential to determine if this alternative is suitable for your specific circumstances. The following criteria must generally be met:
1. Demonstrating financial hardship: To be considered for an SBA Offer in Compromise, you must prove that paying off the debt in full would cause significant financial hardship.
2. Inability to repay the loan: You need to demonstrate that you lack the financial capacity to fulfill its loan obligations due to ongoing financial challenges.
3. Good faith effort: The SBA expects you to make a genuine effort to repay the debt before considering an offer in compromise. This can involve exploring other repayment options, such as loan modifications or debt restructuring. That is, did you help maximize recovery on the loan?
1. Debt reduction: The primary benefit of an SBA Offer in Compromise is the opportunity to reduce your overall debt burden. By negotiating with the SBA, you may be able to settle your debts for an amount significantly lower than what you owe.
2. Financial relief: If you are struggling financially and unable to meet loan payments, an SBA Offer in Compromise can provide much-needed relief. It allows you to regain control of your finances and focus on reviving your business.
3. Avoiding bankruptcy: For many entrepreneurs, the thought of filing for bankruptcy is distressing. An SBA Offer in Compromise provides an alternative to bankruptcy, allowing you to resolve your debt issues while avoiding the severe consequences associated with bankruptcy proceedings.
1. Impact on credit score: While an SBA Offer in Compromise can alleviate financial burdens, it may have a negative impact on your credit score. It is crucial to consider the long-term implications and potential challenges of obtaining credit in the future.
2. Eligibility criteria and approval process: The eligibility requirements for an SBA Offer in Compromise can be stringent, and the approval process may be complex and time-consuming. It is essential to prepare a strong case and meet all the necessary documentation requirements.
Yes, negotiation is a fundamental aspect of the SBA Offer in Compromise. The program allows you to present your case and propose an offer to settle your debts. However, it is essential to understand that the SBA has the final say in approving or rejecting the offer.
While an SBA Offer in Compromise can significantly reduce your debt, it does not guarantee complete elimination. The SBA will assess your financial situation and make a determination based on your ability to repay as well as other factors.
Typically, if you have already filed for bankruptcy, you may not be eligible for an SBA Offer in Compromise if the debt was already discharged. It is crucial to consult with legal and financial experts to explore the options available to you based on your specific circumstances.
The timeline for the SBA Offer in Compromise process can vary depending on several factors, such as the complexity of your case and the backlog of applications. It is advisable to consult with an SBA expert to get a better understanding of the expected timeline.
If your SBA Offer in Compromise is rejected, you have the option to file a motion for reconsideration. It is crucial to thoroughly review the reasons for rejection and work with professionals to strengthen your case during the appeal process.
If your SBA Offer in Compromise is approved, you will be required to fulfill the agreed-upon terms, which may involve making a lump sum payment or adhering to a structured repayment plan. Once you have satisfied these obligations, your debts will be considered resolved.
Navigating the challenges of financial distress as a small business owner can be overwhelming. Exploring alternatives like the SBA Offer in Compromise can provide a viable path towards regaining financial stability. By understanding the eligibility criteria, benefits, and drawbacks associated with this option, you can make an informed decision that aligns with your business's needs and goals.
Please contact us to set up a case evaluation and consultation.
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.
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.
Client personally guaranteed SBA 7(a) loan balance of $58,000. The client received a notice of Intent to initiate Administrative Wage Garnishment (AWG) Proceedings. We represented the client at the hearing and successfully defeated the AWG Order based on several legal and equitable grounds.
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.
.jpg)
.jpeg)
