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.
Our firm successfully resolved an SBA 7(a) loan default in the amount of $212,000 on behalf of an individual guarantor. The borrower’s business experienced a significant downturn in revenue and was unable to sustain operations, ultimately leading to closure and a remaining personal guaranty obligation.
After conducting a thorough financial review and preparing a comprehensive SBA Offer in Compromise (SBA OIC) submission, we negotiated directly with the SBA and lender to achieve a settlement of $50,000—approximately 24% of the outstanding balance. This favorable resolution released the guarantor from further personal liability and provided the opportunity to move forward free from the burden of enforced collection.
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.
Our firm successfully negotiated an SBA offer in compromise (SBA OIC), settling a $974,535.93 SBA loan balance for just $18,000. The offerors, personal guarantors on an SBA 7(a) loan, originally obtained financing to purchase a commercial building in Lancaster, California.
The borrower filed for bankruptcy, and the third-party lender (TPL) foreclosed on the property. Despite the loan default, the SBA pursued the offerors for repayment. Given their limited income, lack of significant assets, and approaching retirement, we presented a strong case demonstrating their financial hardship.
Through strategic negotiations, we secured a favorable SBA settlement, reducing the nearly $1 million debt to a fraction of the amount owed. This outcome allowed the offerors to resolve their liability without prolonged financial strain.
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