Better understand the approval process for an SBA Offer in Compromise (OIC). Explore SBA loan forgiveness with Protect Law Group. Contact us!
Book a Consultation CallWhen facing financial challenges due to Small Business Administration (SBA) loans, it is essential to explore all available options to minimize damage to your business or personal assets. One such option is the SBA Offer in Compromise (OIC), which aims to settle SBA debt with your lender. While you’ll still be responsible for a smaller portion of the loan, an Offer in Compromise will settle the entirety of your loan.
Today, our SBA loan attorney is here to discuss the factors considered in the approval of an OIC and how it can provide concrete solutions for small businesses seeking debt relief.
The first step in the approval process for an OIC is a comprehensive evaluation of the applicant's financial status. This assessment analyzes the business's income, assets, liabilities, and overall financial viability. The Small Business Administration assesses the applicant's ability to pay back the debt without adversely affecting their current financial situation.
To qualify for an OIC, the applicant must demonstrate their inability to repay the SBA loan in full. This requires presenting evidence of economic hardship, such as declining revenues, increased operating costs, or unforeseen circumstances like a natural disaster or economic downturn.
Determining the offer amount plays a crucial role in the approval of an OIC. The Small Business Administration carefully evaluates the applicant's financial information to arrive at a reasonable offer that considers their ability to pay and the outstanding debt balance. Factors such as current assets, future earnings potential, and available cash flow are taken into account during this calculation.
Applicants must adhere to the guidelines set by the SBA when submitting an OIC. This includes providing accurate and complete financial documentation, responding promptly to inquiries, and demonstrating a genuine intent to settle the debt. Compliance with these guidelines increases the chances of approval.
Having knowledgeable and experienced legal representation can significantly impact the approval process of an OIC. Working with attorneys specializing in SBA debt relief ensures proper preparation of the OIC, accurate calculations, and effective negotiation strategies. Professional representation can increase the likelihood of a favorable outcome.
Obtaining approval for an SBA Offer in Compromise requires careful consideration of multiple factors. By conducting a thorough financial assessment, demonstrating economic hardship, calculating a fair offer amount, complying with guidelines, and seeking professional representation, small businesses can significantly increase their chances of debt settlement and obtain much-needed relief.
At Protect Law Group, we specialize in helping our clients navigate the intricate approval process for an OIC, ensuring the best possible outcome for their SBA debt issues. If you are located in San Diego, Orange, or Los Angeles County, let our team provide you with concrete solutions and guide you toward a better financial future. Contact us today!
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 personally guaranteed an SBA 7(a) loan to help with a relative’s new business venture. After the business failed, Treasury was able to secure a recurring Treasury Offset Program (TOP) levy against his monthly Social Security Benefits based on the claim that he owed over $1.2 million dollars. We initially submitted a Cross-Servicing Dispute, but then, prepared and filed an Appeals Petition with the SBA Office of Hearings and Appeals (SBA OHA). As a result of our efforts, we were able to convince the SBA to not only terminate the claimed debt of $1.2 million dollars against our client (without him having to file bankruptcy) but also refund the past recurring amounts that were offset from his Social Security Benefits in connection with the TOP levy.
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.
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