SBA Loan Default: SBA to Increase Enforcement Efforts?
We help people who need to avoid SBA loan default by teaching them about SBA offer in compromise and about various SBA loan problems.
Having experienced legal representation is essential when it comes to settling your SBA debt. Contact Protect Law Group in Carlsbad, CA today!
Book a Consultation CallWhen it comes to managing small business finances, one area that entrepreneurs often overlook is the importance of addressing Small Business Administration (SBA) debts. Whether you have taken out an SBA loan or are facing repayment issues, understanding the significance of seeking experienced legal representation is crucial. In this blog post, Protect Law Group will explore the reasons why managing SBA debts with the help of a knowledgeable attorney can make a significant difference in the success of your business.
The Small Business Administration has specific regulations and guidelines that govern its loan programs. Understanding these regulations can be complex and overwhelming for business owners. An experienced attorney specializing in SBA debts can guide you through the intricacies of compliance, ensuring that you are aware of your rights and responsibilities. This knowledge will help you avoid penalties, maintain a good relationship with the SBA, and protect your business interests.
SBA loan repayment can be a challenging task, especially during times of financial hardship. An experienced attorney can assess your financial situation, analyze the terms of your loan agreement, and develop a customized repayment strategy. They can negotiate with lenders on your behalf, exploring options such as loan modifications, debt settlements, or even loan forgiveness programs. Having a lawyer who understands the intricacies of SBA debts can significantly increase your chances of finding a viable solution that aligns with your business's financial capabilities.
Dealing with SBA debts can have significant repercussions for your business's assets and personal finances. If your debt remains unresolved, the SBA may take legal action to recover the amount owed. This could result in the seizure of your business assets, placing your livelihood at risk. By having an experienced attorney on your side, you can protect your assets and explore alternatives, such as negotiating improved repayment terms or restructuring your business to shield your finances.
Mismanaging SBA debts can have severe consequences for your credit score, making it challenging to secure funding in the future. A knowledgeable attorney can help you navigate the debt collection process, ensuring that your rights are protected throughout. They can also assist in preventing abusive debt collection practices and protect your reputation so that your business can continue to thrive even during challenging financial times.
Addressing SBA debts with the help of experienced legal representation is essential for small businesses. From navigating complex regulations and developing a repayment strategy to protecting your assets and avoiding adverse consequences, an attorney specializing in SBA debts can play a pivotal role in securing the financial stability of your business. By seeking professional guidance, you can effectively manage your SBA debts, mitigate risks, and pave the way for long-term success. Contact Protect Law Group serving San Diego, Orange, and Los Angeles Counties, California to learn more.
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 COVID EIDL for $301,000 pledging collateral by executing the Note, Unconditional Guarantee and Security Agreement. The business defaulted on the loan and the SBA CESC called the Note and Guarantee, accelerated the principal balance due, accrued interest and retracted the 30-year term schedule.
The loan was transferred to the Treasury's Bureau of Fiscal Service which resulted in the statutory addition of $90,000+ in administrative fees, costs, penalties and interest with the total debt now at $391.000+. Treasury also initiated a Treasury Offset Program (TOP) levy against the client's federal contractor payments for the full amount each month - intercepting all of its revenue and pushing the business to the brink of bankruptcy.
The Firm was hired to investigate and find an alternate solution to the bankruptcy option. After submitting formal production requests for all government records, it was discovered that the SBA failed to send the required Official 60-Day Pre-Referral Notice to the borrower and guarantor prior to referring the debt to Treasury. This procedural due process violation served as the basis to submit a Cross-Servicing Dispute to recall the debt from Treasury back to the SBA and to negotiate a reinstatement of the original 30-year maturity date, a modified workout, cessation of the TOP levy against the federal contractor payments and removal of the $90,000+ Treasury-based collection fees, interest and penalties.
Clients executed personal and corporate guarantees for an SBA 7(a) loan from a Preferred Lender Provider (PLP). The borrower corporation defaulted on the loan exposing all collateral pledged by the Clients. The SBA subsequently acquired the loan balance from the PLP, including the right to collect against all guarantors. The SBA sent the Official Pre-Referral Notice to the guarantors giving them sixty (60) days to either pay the outstanding balance in full, negotiate a Repayment (Offer in Compromise (OIC) or Structured Workout (SW)), challenge their alleged guarantor liability or file a Request for Hearing (Appeals Petition) with the SBA Office of Hearings & Appeals.
Because the Clients were not financially eligible for an OIC, they opted for Structured Workout negotiations directly with the SBA before the debt was transferred to the Bureau of Fiscal Service, a division of the U.S. Department of Treasury for enforced collection.
The Firm was hired to negotiate a global Workout Agreement directly with the SBA to resolve the personal and corporate guarantees. After submitting the Structured Workout proposal, the assigned SBA Loan Specialist approved the requested terms in under ten (10) days without any lengthy back and forth negotiations.
The favorable terms of the Workout included an extended maturity at an affordable principal amount, along with a significantly reduced interest rate saving the Clients approximately $181,000 in administrative fees, penalties and interest (contract interest rate and Current Value of Funds Rate (CVFR)) as authorized by 31 U.S.C. § 3717(e) had the SBA loan been transferred to BFS.
Client personally guaranteed SBA 7(a) loan balance of over $150,000. Business failed and eventually shut down. SBA then pursued client for the balance. We intervened and was able to present an SBA OIC that was accepted for $30,000.
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