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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.

$150,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

$150,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

Client personally guaranteed an SBA 7(a) loan for $150,000. His business revenue decreased significantly causing default and an accelerated balance of $143,000. Client received the SBA's Official 60-Day Notice with the debt scheduled for referral to Treasury’s Bureau of Fiscal Service for aggressive collection in less than 26 days. We were hired to represent him, respond to the SBA's Official 60-Day Notice and prevent enforced collection by Treasury and the Department of Justice. We successfully negotiated a structured workout with an extended maturity date that included a reduction of the 14% interest rate and removal of substantial collection fees (30% of the loan balance), effectively saving the client over $242,000.

$220,000 SBA 7A LOAN -DOT WAIVER OF ADMINISTRATIVE FEES & COSTS

$220,000 SBA 7A LOAN -DOT WAIVER OF ADMINISTRATIVE FEES & COSTS

Clients personally guaranteed an SBA 7(a) loan that was referred to the Department of Treasury for collection.  Treasury claimed our clients owed over $220,000 once it added its statutory collection fees and interest.  We were able to negotiate a significant reduction of the total claimed amount from $220,000 to $119,000, saving the clients over $100,000 by arguing for a waiver of the statutory 28%-30% administrative fees and costs.

$350,000 SBA 7A LOAN - NEGOTIATED STRUCTURED WORKOUT AGREEMENT

$350,000 SBA 7A LOAN - NEGOTIATED STRUCTURED WORKOUT AGREEMENT

Client personally guaranteed SBA 7(a) loan for $350,000. The small business failed but because of the personal guarantee liability, the client continued to pay the monthly principal & interest out-of-pocket draining his savings. Client hired a local attorney but quickly realized that he was not familiar with SBA-backed loans or their standard operating procedures. Our firm was subsequently hired after the client received the SBA's official 60-day notice. After back-and-forth negotiations, we were able to convince the SBA to reinstate the loan, retract the acceleration of the outstanding balance, modify the original terms, and approve a structured workout reducing the interest rate from 7.75% to 0% and extending the maturity date for a longer period to make the monthly payments affordable. In conclusion, not only we were able to help the client avoid litigation and bankruptcy, but we also save him approximately $227,945 over the term of the workout.

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