If you Owe more than $30,000 contact us for a case evaluation at (833) 428-0937
contact us for a free case evaluation at (833) 428-0937
Call us (833) 428-0937

SBA Loan Default: Is Your Loan Substandard?

We provide borrowers facing an SBA loan default with solutions. We identify your SBA loan problems and provide solutions, like an SBA offer in compromise.

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SBA Loan Default: Is Your Loan Substandard?

We provide individuals who are facing an SBA loan default with solutions. We will help you understand different SBA loan problems and will provide you with solutions such as an SBA offer in compromise.

Dealing with the idea that you might be facing SBA loan default can be terrifying. The SBA attorneys in our office are skilled at helping clients understand all of the facets of their situations. If, for instance, you need to know what an SBA offer in compromise is, you can simply ask your lawyer. You should never face SBA loan problems alone. It is important to retain the services of an attorney who can help you through this difficult time in your life. We urge you to read about the services that we have available and to contact us if you believe that we can be of assistance to you right now.

Your may be in danger of defaulting on your SBA loan when certain warning signs arise.  The SBA will be looking at a checklist of items to determine if loan will be classified as "substandard".

Early financial warning signs include:

Balance Sheet

  • Failure to submit financial statements in a timely fashion
  • Slowdown in the collection period for receivables
  • Deterioration in customer’s cash position
  • Share increases in dollar amounts or percentage of accounts receivable
  • Share increases in dollar amounts or percentage of inventory
  • Slowdown in inventory turnover
  • Decline in current assets as a percentage of total assets
  • Deterioration of the liquidity/working capital position Marked changes in mix of trading assets
  • Rapidly changing concentrations in fixed assets
  • Large increase in reverses
  • Concentrations in noncurrent assets, other than fixed assets
  • High concentration of assets in intangibles
  • Disproportionate increases in current debt Substantial increases in long-term debt
  • Low equity relative to debt
  • Significant changes in the structure of balance sheet
  • Presence of debt due to/from officer/shareholders
  • Qualified audit
  • Change of accountants

Income Statement

  • Declining sales/rapidly expanding sales
  • Major gap between gross and net sales
  • Rising cost percentages/narrowing margins
  • Rising sales and falling profits
  • Rising levels of bad debt losses
  • Disproportionate increases in overhead, relative to sales
  • Rising levels of total assets, relative to sales/profits
  • Operating losses

Receivables Aging

  • Extended average age of receivables
  • Changes in credit policies
  • Extended terms
  • Replacement of accounts receivable with notes receivable
  • Concentrations of sales
  • Compromise of accounts receivable
  • Receivables from affiliated companies

Early Management Warning Signals

  • Change in behavior/personal habits of key people
  • Marital problems
  • Change in attitude toward bank or banker, especially a seeming lack of cooperation
  • Failure to perform personal obligations
  • Changes in management, ownership, or key personnel
  • Illness or death of key personnel
  • Inability to meet commitments on schedule
  • Recurrence of problems presumed to have been solved
  • Inability to plan
  • Poor financial reporting and controls
  • Fragmented functions
  • Venturing into acquisitions, new business, new geographic area, or new product line
  • Desire and insistence to take business gambles and undue risk
  • Unrealistic pricing of goods and services
  • Neglect or discontinuance of profitable standard lines
  • Delay in reacting to declining markets or economic conditions
  • Lack of visible management succession
  • One-person operations showing growth patterns that strain the capacity of the owner to manage and control
  • Change in business, economy, or industry
  • Labor problems
  • Change in the nature of the company’s business
  • Poor financial records and operating controls
  • Inefficient layout of plant and equipment
  • Poor use of people
  • Loss of key product lines, franchises, distribution rights, or sources

    of supply
  • Loss of one or more major, financially secure customers
  • Substantial jumps in size of single orders or contracts that would

    strain existing productive capacity
  • Speculative inventory purchases that are out of line with normal purchasing practices
  • Poor maintenance of plant and equipment
  • Deferred replacement of outmoded or inefficient equipment
  • Evidence of stale inventory, large levels of inventory, or inappropriate mix of inventory

Contact us today at 1-888-756-9969 for a FREE case evaluation.

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

slip and fall attorney

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.

$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.

$58,000 SBA 7A LOAN - AWG HEARING DEFENSE

$58,000 SBA 7A LOAN - AWG HEARING DEFENSE

Client personally guaranteed SBA 7(a) loan balance of $58,000.  The client received a notice of Intent to initiate Administrative Wage Garnishment (AWG) Proceedings.  We represented the client at the hearing and successfully defeated the AWG Order based on several legal and equitable grounds.

$298,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

$298,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

Clients obtained an SBA 7(a) loan for their small business in the amount of $298,000. They pledged their primary residence and personal guarantees as direct collateral for the loan. The business failed, the lender was paid the 7(a) guaranty money and the debt was assigned to the SBA.  Clients received the Official 60-Day Notice giving them a couple of options to resolve the debt balance directly with the SBA before referral to Treasury's Bureau of Fiscal Service. The risk of referral to Treasury would add nearly $95,000 to the SBA principal loan balance. With the default interest rate at 7.5%, the amount of money to pay toward interest was projected at $198,600. Clients hired the Firm with only 4 days left to respond to the 60-Day due process notice.  Because the clients were not eligible for an Offer in Compromise (OIC) due to the significant equity in their home and the SBA lien encumbering it, the Firm Attorneys proposed a Structured Workout to resolve the SBA debt.  After back and forth negotiations, the SBA Loan Specialist assigned to the case approved the Workout terms which prevented potential foreclosure of their home, but also saved the clients approximately $294,000 over the agreed-upon Workout term with a waiver of all contractual and statutory administrative fees, collection costs, penalties, and interest.

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