5 Factors to Consider in an SBA Offer in Compromise
Offer in Compromise is a way for a small business to close when it is clear that they won't be able to pay their debts, but here are 5 factors to consider
Generally, there are at least seven (7) legal sources to consider reviewing in connection with trying to settle SBA debt, resolve SBA loan default or defend against a DOT collection matter. The seven (7) sources that we believe are essential for research into these important issues are:
When locating certain research sources to settle SBA debt case or defend against a DOT collection matter, we often break our initial research into two (2) parts:
Legal Research Sources Internal to the SBA:
Legal Research Sources External to the SBA:
Hence, there are several branches of legal resources and authorities which need to be researched and reviewed when dealing with any SBA loan default, SBA OIC or DOT debt collection matter. To say that it is okay to simply ignore these important resources, then any SBA or DOT debtor told to do so, has been advised by the non-attorney salesperson who simply does not know what “he” is talking about, and in all reality . . . is providing not only irresponsible advice, but also negligent counsel. Typical . . . I guess for a “non-attorney” who neither has a doctorate, passed a bar exam (or multiple bar examinations), practiced law for several years (but is trying to do so in an arguably unauthorized and illegal fashion) nor worked with such important federal agency issues. Generally, when you don’t possess something . . . human nature tells you to criticize what you don’t possess. It’s nothing more than a “defense mechanism” in order to deal with a severe inferiority complex
You should not have to struggle to settle SBA debt on your own. Instead, turn to one of our attorneys who specializes in SBA OIC & DOT debt claims. We are dedicated to helping you settle SBA loan default and/or federal nontax debt with the DOT.
If you are struggling with circumstances that involve SBA loan default and/or a DOT referral, you deserve professional help! Our attorneys all know how to win SBA OIC and DOT compromise cases. If you contact us, we can help you settle SBA debt once and for all. After you schedule an appointment, you confer with a devoted SBA OIC lawyer and/or United States Treasury Dept. Practitioner who will help you through your administrative legal battle. After your claim is resolved, you will never again have to worry about your SBA loan default problem and/or DOT collection claim haunting you. Our team of lawyers has assisted many clients through the years. Now it is your turn! You truly can resolve SBA debt and/or DOT matter for good!
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 COVID-19 Economic Injury Disaster Loan (EIDL) in the original amount of $150,000 for a Florida-based borrower. The loan, issued on June 4, 2020, was secured by business assets and potential personal liability through the SBA's Security Agreement.
Following the permanent closure of the business, we guided the client through the SBA’s Business Closure Review process and prepared a comprehensive collateral analysis. We negotiated directly with the SBA, obtaining a full release of the business collateral for $2,910 — satisfying the borrower’s obligations under the Security Agreement and eliminating any further enforcement risk against the pledged assets.
Clients borrowed and personally guaranteed an SBA 7(a) loan. Clients defaulted on the SBA loan and were sued in federal district court for breach of contract. The SBA lender demanded the Client pledge several personal real estate properties as collateral to reinstate and secure the defaulted SBA loan. We were subsequently hired to intervene and aggressively defend the lawsuit. After several months of litigation, our attorneys negotiated a reinstatement of the SBA loan and a structured workout that did not involve any liens against the Client's personal real estate holdings.
Client received the SBA's Official 60-Day Notice for a loan that was obtained by her small business in 2001. The SBA loan went into default in 2004 but after hearing nothing from the SBA lender or the SBA for 20 years, out of the blue, she received the SBA's collection due process notice which provided her with only one of four options: (1) repay the entire accelerated balance immediately; (2) negotiate a repayment arrangement; (3) challenge the legal enforceability of the debt with evidence; or (4) request an OHA hearing before a U.S. Administrative Law Judge.
Client hired the Firm to represent her with only 13 days left before the expiration deadline to respond to the SBA's Official 60-Day Notice. The Firm attorneys immediately researched the SBA's Official loan database to obtain information regarding the 7(a) loan. Thereafter, the Firm attorneys conducted legal research and asserted certain affirmative defenses challenging the legal enforceability of the debt. A written response was timely filed to the 60-Day Notice with the SBA subsequently agreeing with the client's affirmative defenses and legal arguments. As a result, the SBA rendered a decision immediately terminating collection of the debt against the client's alleged personal guarantee liability saving her $50,000.