Elements of a Successful SBA Offer in Compromise
SBA loan settlements require specific knowledge of current policies and changes. Here are the elements of a successful SBA offer in compromise.
Are you struggling with SBA paperwork? That's totally understandable. Click here to learn how to fill out a personal financial statement
Book a Consultation CallWondering how to fill out a personal financial statement? When you're filling out this document, it's crucial to understand how to do it correctly. Filling out the document correctly can keep you from having to go back and do it again.
In this article, we will give you a step-by-step guide to filling it out. By the end of the guide, you'll be able to complete and submit the required paperwork.
Much like other forms that you've ever filled out when beginning an SBA Form 413, you'll need to have all your basic information easily accessible to fill out the application. The information that you'll need is your name, address, and other contact information. If you’ve moved recently, ensure that you provide your current address as SBA places importance on accurate and updated records to streamline the approval process.
You'll also need to note your marital status on the form if you're married. Your spouse's financial information should be listed as well. Ensure that you date your application accurately because the paperwork needs to be filed within 90 days of your loan application.
Before beginning the application, all your information needs to be up to date. If it's not up to date, you may experience some issues with your application.
The next piece of information that you need to add to the application is the information that pertains to your assets. In the assets section, you'll detail information about the assets that you own, including:
Real estate properties
Bonds and stocks
IRA accounts
Bank accounts
As of new guidelines, ensure you also include the current market value of each asset, as these figures are crucial for accurate evaluation by lenders.
If you own any stocks or bonds, list the current value of all the accounts combined. If you or your spouse owns real estate, then you'll need to list the value of the properties that you all currently own.
This field asks for the value of all the assets under your or your spouse's name. At the end of this section, you'll provide the total for everything that's listed above.
All that's required in this section is to round all your asset information up to the nearest dollar amount. You'll total all the debt that you owe and subtract the amount you've gotten from that total from your assets. Remember to disclose all recent debts, including those incurred due to regulatory changes affecting your financial situation. This keeps your application transparent and up-to-date.
Once you've subtracted this number, you'll have figured out the total of your net worth. From there, you'll combine your total liabilities and net worth.
When you arrive at this section, you'll need to give information about the salary earned by you and your spouse if they are currently working. The salary that you list on your paperwork should be the same as the information that you provide on your tax returns for the year.
The next part that you'll list is the income that you achieve from all your investments. This would mean investments that you've made from stocks, bonds, real estate ventures, etc. In terms of real estate income, you'll also need to provide information about the money you earned from your real estate properties after necessary expenses have been spent.
Contingent liabilities involve debts that you've guaranteed for others. If you or your spouse were a co-signer for someone else’s loan, that should be recorded here. If you’ve incurred any legal fees or judgments, include them. Recent regulation changes mean that lenders are paying closer attention to this information to assess overall risk, to ensure accurate reporting.
If you and your spouse have life insurance, include your policy number and details about the policyholder. State the total coverage amount and the insurance company, as well as the names of any beneficiaries. Under the latest guidelines, you may also need to submit proof of your life insurance value as part of your overall financial picture.
You're in the home stretch of the application now. All that's left for you to do is sign all the authorization statements on the form. The certification statement is a short paragraph that needs to be read thoroughly before signing it.
Once you're ready to sign the document, you'll provide your name, today's date, and your social security number. Then after filling in all this information, all that's left to do is sign the form.
Now, after all that has taken place, you need to review your documents. You'll need to ensure that all the information you've provided on the application is correct and accurate. Double-check your spouse’s information as well to avoid errors.
If any of the information on the application is false or left out, you could face fines and other penalties. You may also have to complete the entire application again. Therefore, it saves you time and effort, providing all the necessary information the first time.
When answering the question of how to fill out a personal financial statement, the guide above is the best way to ensure you get the application done correctly and efficiently. As a small business owner, if you’re looking to resolve your debt post-application, consider hiring an attorney for assistance. If you're looking for SBA services to help achieve the debt relief you need, check out the services on our website. Let us help you without the added hassle.
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.
Small business and guarantors obtained an SBA COVID-EIDL loan for $1,000,000. Clients defaulted causing SBA to charge-off the loan, accelerate the balance and refer the debt to Treasury's Bureau of Fiscal Service for collection. Treasury added nearly $500,000 in collection fees totaling $1,500,000. Clients were served with the SBA's Official 60-Day Notice and exercised the Repayment option by applying for the SBA’s Hardship Accommodation Plan. However, their application was summarily rejected by the SBA without providing any meaningful reasons. Clients hired the Firm to represent them against the SBA, Treasury and a Private Collection Agency. After securing government records through discovery, we filed an Appeals Petition with the SBA Office of Hearings & Appeals (OHA) court challenging the SBA's referral of the debt to Treasury. During litigation and before the OHA court issued a final Decision and Order, the Firm successfully negotiated a reinstatement and recall of the loan back to the SBA, a modification of the original repayment terms, termination of Treasury's enforced collection and removal of the statutory collection fees.
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.
Client personally guaranteed an SBA 7(a) loan for $100,000 from the lender. The SBA loan went into early default in 2006 less than 12 months from disbursement. The SBA paid the 7(a) guaranty monies to the lender and subsequently acquired the deficiency balance of about $96,000, including the right to collect against the guarantor. However, the SBA sent the Official 60-Day Due Process Notice to the Client's defunct business address instead of his personal residence, which he never received. As a result, the debt was transferred to Treasury's Bureau of Fiscal Service where substantial collection fees were assessed, including accrued interest per the promissory note. Treasury eventually referred the debt to a Private Collection Agency (PCA) - Pioneer Credit Recovery, Inc. Pioneer sent a demand letter claiming a debt balance of almost $310,000 - a shocking 223% increase from the original loan amount assigned to the SBA. Client's social security disability benefits were seized through the Treasury Offset Program (TOP). Client hired the Firm to represent him as the debt continued to snowball despite seizure of his social security benefits and federal tax refunds as the involuntary payments were first applied to Treasury's collection fees, then to accrued interest with minimal allocation to the SBA principal balance.
We initially submitted a Cross-Servicing Dispute (CSD) challenging the referral of the debt to Treasury based on the defective notice sent to the defunct business address. Despite overwhelming evidence proving a violation of the Client's Due Process rights, the SBA still rejected the CSD. As a result, an Appeals Petition was filed with the SBA Office of Hearings & Appeals (OHA) Court challenging the SBA decision and its certification the debt was legally enforceable in the amount claimed. After several months of litigation before the SBA OHA Court, our Firm Attorney successfully negotiated an Offer in Compromise (OIC) Term Workout with the SBA Supervising Trial Attorney for $82,000 spread over a term of 74 months at a significantly reduced interest rate saving the Client an estimated $241,000 in Treasury collection fees, accrued interest (contract interest rate and Current Value of Funds Rate (CVFR)), and the PCA contingency fee.
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