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Let Us Settle SBA Debt For You - Win Your SBA Loan Default or SBA OIC Case

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:

  1. The organic legislation establishing the federal agency;
  2. The applicable portions of the Federal Administrative Procedural Act (APA);
  3. Other legislation that may be applicable to the federal agency;
  4. The rules enacted by the federal agency (which may be interpretive and substantive);
  5. Federal and/or State constitutional requirements;
  6. Adjudication decisions resolving disputes of the federal agency; and
  7. Court decisions interpreting or evaluating any of the aforementioned sources.

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:

  1.  The agency legislation -  The Small Business Administration (SBA) was created by the Small Business Act of 1953 and derives its present existence and authority from the Small Business Act (15 U.S.C. 631 et seq.) and the Small Business Investment Act of 1958 (15 U.S.C. 661 ).
  2. Agency Rules – The Code of Federal Regulations (CFRs) are rules actually promulgated by several federal administrative agencies.  For the SBA, the important CFRs that should be initially reviewed are as follows: 13 CFR 101-147 (CFRs applicable to SBA).  The other rules that qualified counsel should review are the internal rules enacted or adopted by the federal agency.  In this instance, the SBA Standard Operating Procedures are very important internal rules that need to be reviewed in connection with any SBA decisions or actions relating to your SBA loan default, SBA OIC or your DOT collection case.  These SOPs can be found here:  (SBA SOPs).
  3. Agency adjudications – Many SBA agency decisions or “adjudications” are reviewed by the SBA Office of Hearings and Appeals (SBA OHAs).  To begin any preliminary research, qualified counsel should consider reviewing applicable decisions that may cover a particular SBA issue.  SBA OHA decisions can be researched here: (SBA OHA Decisions Research)

Legal Research Sources External to the SBA:

  1. APA – federal or state.  For SBA matters, it is important to take a look at the Federal Administrative Procedural Act.  The State APA probably would not apply to federal SBA matters.  As such, it’s best to begin your preliminary research here:  (Federal APA
  2. Other legislation which may be applicable to the Federal Agency – for SBA debt-related cases, it is important for qualified counsel to be familiar, at a bare minimum, with the following administrative legal resources: (22 CFR Part 512), (31 CFR Part 285), (31 CFR Part 200-413), (13 CFR Part 102), (5 U.S.C. Section 552), and (5 U.S.C. Section 552(a)
  3. Constitutions – Federal, State or both
  4. Court decisions – Federal sources

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!

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.

$166,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

$166,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

Clients executed personal and corporate guarantees for an SBA 7(a) loan from a Preferred Lender Provider (PLP). The borrower corporation defaulted on the loan exposing all collateral pledged by the Clients. The SBA subsequently acquired the loan balance from the PLP, including the right to collect against all guarantors. The SBA sent the Official Pre-Referral Notice to the guarantors giving them sixty (60) days to either pay the outstanding balance in full, negotiate a Repayment (Offer in Compromise (OIC) or Structured Workout (SW)), challenge their alleged guarantor liability or file a Request for Hearing (Appeals Petition) with the SBA Office of Hearings & Appeals.

Because the Clients were not financially eligible for an OIC, they opted for Structured Workout negotiations directly with the SBA before the debt was transferred to the Bureau of Fiscal Service, a division of the U.S. Department of Treasury for enforced collection.

The Firm was hired to negotiate a global Workout Agreement directly with the SBA to resolve the personal and corporate guarantees. After submitting the Structured Workout proposal, the assigned SBA Loan Specialist approved the requested terms in under ten (10) days without any lengthy back and forth negotiations.

The favorable terms of the Workout included an extended maturity at an affordable principal amount, along with a significantly reduced interest rate saving the Clients approximately $181,000 in administrative fees, penalties and interest (contract interest rate and Current Value of Funds Rate (CVFR)) as authorized by 31 U.S.C. § 3717(e) had the SBA loan been transferred to BFS.

$154,000 SBA COVID-19 EIDL - AUDIT REPRESENTATION & RELEASE OF COLLATERAL

$154,000 SBA COVID-19 EIDL - AUDIT REPRESENTATION & RELEASE OF COLLATERAL

Our firm successfully assisted a client in closing an SBA Disaster Loan tied to a COVID-19 Economic Injury Disaster Loan (EIDL). The borrower obtained an EIDL loan of $153,800, but due to the prolonged economic impact of the COVID-19 pandemic, the business was unable to recover and ultimately closed.

As part of the business closure review and audit, we worked closely with the SBA to negotiate a resolution. The borrower was required to pay only $1,625 to release the remaining collateral, effectively closing the matter without further financial liability for the owner/officer.

This case highlights the importance of strategic negotiations when dealing with SBA settlements, particularly for businesses that have shut down due to unforeseen economic challenges. If you or your business are struggling with SBA loan debt, we focus on SBA Offer in Compromise (SBA OIC) solutions to help settle outstanding obligations efficiently.

$375,000 SBA 504 LOAN - SBA OIC CASH SETTLEMENT

$375,000 SBA 504 LOAN - SBA OIC CASH SETTLEMENT

The client personally guaranteed an SBA 504 loan balance of $375,000.  Debt had been cross-referred to the Treasury at the time we got involved with the case.  We successfully had debt recalled to the SBA where we then presented an SBA OIC that was accepted for $58,000.

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