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San Diego Businesses May Take Advantage of New Small Business Reorganization

Small businesses facing mounting debt obligation from an SBA loan may seek a small business reorganization under the new bankruptcy law.

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San Diego Businesses May Take Advantage of New Small Business Reorganization

The rapid deterioration of the American job market (and the world job market) will make it tough on San Diego businesses in the coming months.  The new Chapter 11 Subchapter V bankruptcy may provide an easier solution for small businesses.  A small business reorganization may save your business.

A Bleak Employment Picture

Employment

No matter how you slice it, the employment picture does not bode well for small businesses.  With people out of work, less money will be spent in the economy and at your business.  Unfortunately, this will further negatively affect employment.  Even with the Payment Protection Program and various deferments, the situation does not look good for small businesses.  For many small businesses, an SBA 7a or 504 loan consists of the main debt obligation.  Without a small business reorganization, the lender and / or the SBA can attempt to collect.

What If Your Business Falls on Economic Hard Times?

Like many businesses, your business may be facing a downturn.  The options may seem few.  Lending programs, like the SBA's Disaster Loan program, may help but serve to add debt to an existing debt problem.  The regular Chapter 11 bankruptcy provides protection from creditors while a business reorganizes its debts, but it remains a costly and time-consuming option.  If the situation exists as too dire, your business could just shut its doors.  But, as a small business owner, you may still owe on your business debts as a personal guarantor.  For instance, you will remain personally liable on an SBA loan even if your business closes its doors.

The New Chapter 11 Subchapter V Bankruptcy Provides a Streamlined Process For Reorganizing a Small Business

The new Chapter 11 bankruptcy went into effect in February of 2020.  As such, a small business whose main debt consists of an SBA loan may use the new bankruptcy to reorganize the debt.  Therefore, a bankruptcy reorganization may enable your small business to quickly and efficiently restructure its SBA debt.  By reorganizing the debt, your small business may reduce its monthly debt obligation to coincide with its cash flow.  A reorganization bankruptcy would allow your small business to continue operating.

Contact Protect Law Group For a Free Small Business Reorganization Consultation

If your San Diego County small business needs reorganization of its SBA loan debt, talk to one of our experienced attorneys today.

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.

$1,200,000 SBA 7A LOAN - SBA OHA LITIGATION

$1,200,000 SBA 7A LOAN - SBA OHA LITIGATION

Client personally guaranteed an SBA 7(a) loan to help with a relative’s new business venture.  After the business failed, Treasury was able to secure a recurring Treasury Offset Program (TOP) levy against our client’s monthly Social Security Benefits based on the claim that he owed over $1.2 million dollars.  We initially submitted a Cross-Servicing Dispute, but then, prepared and filed an Appeals Petition with the SBA Office of Hearings and Appeals (SBA OHA).  As a result of our efforts, we were able to convince the SBA to not only terminate the claimed debt of $1.2 million dollars against our client (without him having to file bankruptcy), but also refund the past recurring amounts that were offset from his Social Security Benefits in connection with the TOP levy.

$150,000 SBA 7A LOAN - SBA OIC CASH SETTLEMENT

$150,000 SBA 7A LOAN - SBA OIC CASH SETTLEMENT

Client personally guaranteed SBA 7(a) loan balance of over $150,000.  Business failed and eventually shut down.  SBA then pursued client for the balance.  We intervened and was able to present an SBA OIC that was accepted for $30,000.

$750,000 SBA 504 LOAN - NEGOTIATED TERM REPAYMENT AGREEMENT

$750,000 SBA 504 LOAN - NEGOTIATED TERM REPAYMENT AGREEMENT

Clients personally guaranteed SBA 504 loan balance of $750,000.  Clients also pledged the business’s equipment/inventory and their home as additional collateral.  Clients had agreed to a voluntary sale of their home to pay down the balance.  We intervened and rejected the proposed home sale.  Instead, we negotiated an acceptable term repayment agreement and release of lien on the home.

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