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.
Empower your small business with expert legal guidance from the SBA attorneys at Protect Law Group. Learn more about legal considerations today!
Book a Consultation CallAs SBA attorneys, we understand the importance of navigating the complex legal landscape to protect the interests and ensure the success of small business owners. At Protect Law Group, we recognize the significance of legal considerations in running a business smoothly. In this blog post, we delve into key legal topics that every small business owner should be aware of to safeguard their operations and assets.
When starting a business, choosing the right entity structure is crucial. Whether a sole proprietorship, partnership, corporation, or limited liability company (LLC), each legal structure has implications for liability, taxation, and compliance. Our experienced team of SBA lawyers can help you determine the most suitable entity formation for your business to protect your personal assets and minimize risks. We also offer guidance along the way, if you have any questions that arise as you begin the journey of forming your own business entity.
Contracts are the cornerstone of business relationships and transactions. Having well-drafted contracts in place can help prevent disputes, clarify expectations, and protect your rights. Our SBA attorneys specialize in drafting, reviewing, and negotiating contracts tailored to your business needs, ensuring your interests are safeguarded in all agreements.
Navigating the ever-evolving complexities of employment law is essential for small businesses with staff. Understanding wage and hour regulations, non-discrimination laws, and employee rights is crucial to maintaining a compliant and harmonious workplace. Our legal experts can provide guidance on employment contracts, policies, and procedures to protect both your business and your employees. Protect your business by partnering with the small business law experts.
Intellectual property, such as trademarks, copyrights, and patents, can be valuable assets for small businesses. Protecting your intellectual property rights is essential to prevent infringement and maintain your competitive edge in the market. Our team of SBA lawyers can assist you in registering and enforcing your intellectual property to safeguard your creations and innovations.
Small businesses are subject to various regulations at the federal, state, and local levels, depending on their industry and location. Ensuring compliance with legal requirements, such as permits, licenses, zoning laws, and environmental regulations, is essential to avoid costly penalties and legal issues. Our legal experts are up to date on regulatory compliance to keep your operations running smoothly.
Small business owners face a myriad of legal considerations that require attention to protect their interests and ensure long-term success. At Protect Law Group, we are dedicated to helping small businesses navigate the complexities of the legal system with confidence. From entity formation to regulatory compliance and our speciality of SBA debt relief, our team of experienced lawyers is here to provide tailored legal solutions to meet your business needs and goals. Contact us today to discuss how we can assist you in safeguarding your business through proactive legal strategies.
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 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.
Client’s small business obtained an SBA 7(a) loan for $150,000. He and his wife signed personal guarantees and pledged their home as collateral. The SBA loan went into default, the term or maturity date was accelerated and demand for payment of the entire amount claimed was made. The SBA lender’s note gave it the right to adjust the default interest rate from 7.25% to 18% per annum. The business filed for Chapter 11 bankruptcy but was dismissed after 3 years due to its inability to continue with payments under the plan. Clients wanted to file for Chapter 7 bankruptcy, which would have been a mistake as their home had significant equity to repay the SBA loan balance in full as the Trustee would likely seize and sell the home to repay the secured and unsecured creditors. However, the SBA lender opted to pursue the SBA 7(a) Guaranty and subsequently assigned the loan and the right to enforce collection to the SBA. Clients then received the SBA Official 60-Day Notice and hired the Firm to respond to it and negotiate on their behalf. Clients disputed the SBA’s alleged balance of $148,000, as several payments made to the SBA lender during the Chapter 11 reorganization were not accounted for. To challenge the SBA’s claimed debt balance, the Firm Attorneys initiated expedited discovery to obtain government records. SBA records disclosed the true amount owed was about $97,000. Moreover, because the Clients’ home had significant equity, they were not eligible for an Offer in Compromise or an immediate Release of Lien for Consideration, despite being incorrectly advised by non-attorney consulting companies that they were. Instead, our Firm Attorneys recommended a Workout of $97,000 spread over a lengthy term and a waiver of the applicable interest rate making the monthly payment affordable. After back and forth negotiations, SBA approved the Workout proposal, thereby saving the home from imminent foreclosure and reducing the Clients' liability by nearly $81,000 in incorrect principal balance, accrued interest, and statutory collection fees.
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