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Navigating SBA Offer in Compromise: A Step-by-Step Guide

Dealing with SBA Bankruptcy? A SBA offer in compromise may help get you out of this difficult situation. Protect Law Group is here to help. Find out more today! 

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Navigating SBA Offer in Compromise: A Step-by-Step Guide

Financial difficulties can be overwhelming, especially when it comes to dealing with SBA loan debts. However, there is a potential solution that can provide relief for small business owners and guarantors – the SBA Offer in Compromise (OIC). In this blog, our team at Protect Law Group will guide you through the intricacies of the SBA OIC process, outlining the steps you need to take to navigate this challenging situation successfully.

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Eligibility Criteria

Before you proceed with the SBA OIC, it is crucial to determine if you meet the eligibility criteria. An SBA OIC is usually an option when a small business has ceased operations, and all its assets have been liquidated. Additionally, the borrower or guarantor must demonstrate their inability to pay the full debt amount within a reasonable time frame. It is recommended to consult with an experienced SBA loan attorney to assess your eligibility and understand the potential outcomes.

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Required Documentation

To initiate the SBA OIC process, you will need to gather the necessary documentation. This includes financial statements, tax returns, bank statements, and any other relevant financial records. These documents support your case by providing a comprehensive overview of your financial situation. An experienced SBA loan attorney can help you organize and present this information effectively.

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Communication and Cooperation

Cooperation and effective communication play a vital role in maximizing the chances of a successful settlement through the SBA OIC. It is essential to work closely with your SBA loan attorney and the SBA debt attorneys to ensure your unique circumstances are understood and presented accurately. By clearly presenting your financial limitations and actively participating in the process, you can increase the likelihood of a favorable outcome.

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Potential Outcomes

When pursuing an SBA OIC, several potential outcomes can arise. One possibility is having your offer accepted, resulting in a reduced repayment amount that is manageable for your financial situation. Another outcome may involve negotiating a repayment plan that suits your circumstances, such as a monthly installment payment plan not exceeding five years. It is crucial to discuss these potential outcomes with your SBA loan attorney to determine the best course of action for your specific situation.

Dealing with SBA loan debts can be challenging, but the SBA Offer in Compromise provides a ray of hope for struggling borrowers and guarantors. By understanding the eligibility criteria, gathering the necessary documentation, and maintaining open lines of communication, you can navigate the SBA OIC process effectively. Remember, the assistance of an experienced SBA loan attorney, such as our team at Protect Law Group,  is invaluable during this journey of finding business debt relief and securing SBA loan help. If you are facing financial difficulties, don't hesitate to reach out to our team of SBA debt attorneys for guidance and support.

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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.

$680,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

$680,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

Small business sole proprietor obtained an SBA COVID-EIDL loan for $500,000. Client defaulted causing SBA to charge-off the loan, accelerate the balance and refer the debt to Treasury's Bureau of Fiscal Service for aggressive collection. Treasury added $180,000 in collection fees totaling $680,000+. Client tried to negotiate with Treasury but was only offered a 3-year or 10-year repayment plan. Client hired the Firm to represent before the SBA, Treasury and a Private Collection Agency.  After securing government records through discovery and reviewing them, we filed an Appeals Petition with the SBA Office of Hearings & Appeals (OHA) court challenging the SBA's referral of the debt to Treasury citing a host of purported violations. The Firm was able to negotiate a reinstatement and recall of the loan back to the SBA, participation in the Hardship Accommodation Plan, termination of Treasury's enforced collection and removal of the statutory collection fees.

$1,500,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

$1,500,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

Small business and guarantors obtained an SBA COVID-EIDL loan for $1,000,000. Clients defaulted causing SBA to charge-off the loan, accelerate the balance and refer the debt to Treasury's Bureau of Fiscal Service for collection. Treasury added nearly $500,000 in collection fees totaling $1,500,000. Clients were served with the SBA's Official 60-Day Notice and exercised the Repayment option by applying for the SBA’s Hardship Accommodation Plan. However, their application was summarily rejected by the SBA without providing any meaningful reasons. Clients hired the Firm to represent them against the SBA, Treasury and a Private Collection Agency.  After securing government records through discovery, we filed an Appeals Petition with the SBA Office of Hearings & Appeals (OHA) court challenging the SBA's referral of the debt to Treasury. During litigation and before the OHA court issued a final Decision and Order, the Firm successfully negotiated a reinstatement and recall of the loan back to the SBA, a modification of the original repayment terms, termination of Treasury's enforced collection and removal of the statutory collection fees.

$150,000 SBA COVID EIDL - OFFER IN COMPROMISE & RELEASE OF COLLATERAL

$150,000 SBA COVID EIDL - OFFER IN COMPROMISE & RELEASE OF COLLATERAL

Our firm successfully facilitated the SBA settlement of a COVID-19 Economic Injury Disaster Loan (EIDL) where borrower received an SBA disaster loan of $150,000, but due to the severe economic impact of the COVID-19 pandemic, the business was unable to recover.

Despite the borrower’s efforts to maintain operations, shutdowns and restrictions significantly reduced the customer base and revenue, making continued operations unsustainable. After a thorough business closure review, we negotiated with the SBA, securing a resolution where the borrower paid only $6,015 to release the collateral, with no further financial liability for the owner/officer.

This case demonstrates how businesses affected by the pandemic can navigate SBA loan settlements effectively. If your business is struggling with an SBA EIDL loan, we specialize in SBA Offer in Compromise (SBA OIC) solutions to help close outstanding debts while minimizing financial burden.

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