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 SBA 504 loan balance of $750,000. Clients also pledged the business’s equipment/inventory and their home as additional collateral. Clients had agreed to a voluntary sale of their home to pay down the balance. We intervened and rejected the proposed home sale. Instead, we negotiated an acceptable term repayment agreement and release of lien on the home.
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.
Client’s small business obtained an SBA 7(a) loan for $750,000. She and her husband signed personal guarantees exposing all of their non-exempt income and assets. With just 18 months left on the maturity date and payment on the remaining balance, the Great Recession of 2008 hit, which ultimately caused the business to fail and default on the loan terms. The 7(a) lender accelerated and sent a demand for full payment of the remaining loan balance. The SBA lender’s note allowed for a default interest rate of about 7% per year. In response to the lender's aggressive collection action, Client's husband filed for Chapter 7 bankruptcy in an attempt to protect against their personal assets. However, his bankruptcy discharge did not relieve the Client's personal guarantee liability for the SBA debt. The SBA lender opted to pursue the SBA 7(a) Guaranty and subsequently assigned the loan and the right to enforce collection against the Client to the SBA. The Client then received the SBA Official 60-Day Notice. After conducting a Case Evaluation with her, she then hired the Firm to respond and negotiate on her behalf with just 34 days left before the impending referral to Treasury. The Client wanted to dispute the SBA’s alleged debt balance as stated in the 60-Day Notice by claiming the 7(a) lender failed to liquidate business collateral in a commercially reasonable manner - which if done properly - proceeds would have paid back the entire debt balance. However, due to time constraints, waivers contained in the SBA loan instruments, including the fact the Client was not able to inspect the SBA's records for investigation purposes before the remaining deadline, Client agreed to submit a Structured Workout for the alleged balance in response to the Official 60-Day Notice as she was not eligible for an Offer in Compromise (OIC) because of equity in non-exempt income and assets. After back and forth negotiations, the SBA Loan Specialist approved the Workout proposal, reducing the Client's purported liability by nearly $142,142.27 in accrued interest, and statutory collection fees. Without the Firm's intervention and subsequent approval of the Workout proposal, the Client's debt amount (with accrued interest, Treasury's statutory collection fee and Treasury's interest based on the Current Value of Funds Rate (CVFR) would have been nearly $291,030.
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