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Legal Considerations for Small Business Owners

Empower your small business with expert legal guidance from the SBA attorneys at Protect Law Group. Learn more about legal considerations today!

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Legal Considerations for Small Business Owners

As 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.

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Entity Formation

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.

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Contracts

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.

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Employment Law

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.

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Intellectual Property Protection

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.

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Regulatory Compliance

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.

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Why Hire Us to Help You with Your Treasury or SBA Debt Problems?

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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

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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

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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.

$324,000 SBA 7A LOAN - SBA OHA LITIGATION

$324,000 SBA 7A LOAN - SBA OHA LITIGATION

Clients obtained an SBA 7(a) loan for $324,000 to buy a small business and its facility. The business and real estate had an appraisal value of $318,000 at the time of purchase.  The business ultimately failed but the participating lender abandoned the business equipment and real estate collateral even though it had valid security liens. As a result, the lender recouped nearly nothing from the pledged collateral, leaving the business owners liable for the deficiency balance. The SBA paid the lender the 7(a) guaranty money and was assigned ownership of the debt, including the right to collect. However, the clients never received the SBA Official 60-Day Notice and were denied the opportunity to negotiate an Offer in Compromise (OIC) or a Workout directly with the SBA before being transferred to Treasury's Bureau of Fiscal Service, which added an additional $80,000 in collection fees. Treasury garnished and offset the clients' wages, federal salary and social security benefits. When the clients tried to negotiate with Treasury by themselves, they were offered an unaffordable repayment plan which would have caused severe financial hardship. Clients subsequently hired the Firm to litigate an Appeals Petition before the SBA Office & Hearings Appeals (OHA) challenging the legal enforceability and amount of the debt. The Firm successfully negotiated a term OIC that was approved by the SBA Office of General Counsel, saving the clients approximately $205,000.

$58,000 SBA 7A LOAN - AWG HEARING DEFENSE

$58,000 SBA 7A LOAN - AWG HEARING DEFENSE

Client personally guaranteed SBA 7(a) loan balance of $58,000.  The client received a notice of Intent to initiate Administrative Wage Garnishment (AWG) Proceedings.  We represented the client at the hearing and successfully defeated the AWG Order based on several legal and equitable grounds.

$212,000 SBA 7(a) LOAN – PERSONAL GUARANTY LIABILITY | NEGOTIATED 24% SETTLEMENT

$212,000 SBA 7(a) LOAN – PERSONAL GUARANTY LIABILITY | NEGOTIATED 24% SETTLEMENT

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.

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