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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

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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 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.

$150,000 SBA COVID-19 EIDL – BUSINESS CLOSURE REVIEW & COLLATERAL RELEASE | NEGOTIATED RESOLUTION

$150,000 SBA COVID-19 EIDL – BUSINESS CLOSURE REVIEW & COLLATERAL RELEASE | NEGOTIATED RESOLUTION

Our firm successfully resolved an SBA COVID-19 Economic Injury Disaster Loan (EIDL) in the original amount of $150,000 for a Florida-based borrower. The loan, issued on June 4, 2020, was secured by business assets and potential personal liability through the SBA's Security Agreement.

Following the permanent closure of the business, we guided the client through the SBA’s Business Closure Review process and prepared a comprehensive collateral analysis. We negotiated directly with the SBA, obtaining a full release of the business collateral for $2,910 — satisfying the borrower’s obligations under the Security Agreement and eliminating any further enforcement risk against the pledged assets.

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

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

Client’s small business obtained an SBA 7(a) loan for $150,000.  He and his wife signed personal guarantees and pledged their home as collateral. The SBA loan went into default, the term or maturity date was accelerated and demand for payment of the entire amount claimed was made.  The SBA lender’s note gave it the right to adjust the default interest rate from 7.25% to 18% per annum. The business filed for Chapter 11 bankruptcy but was dismissed after 3 years due to its inability to continue with payments under the plan. Clients wanted to file for Chapter 7 bankruptcy, which would have been a mistake as their home had significant equity to repay the SBA loan balance in full as the Trustee would likely seize and sell the home to repay the secured and unsecured creditors. However, the SBA lender opted to pursue the SBA 7(a) Guaranty and subsequently assigned the loan and the right to enforce collection to the SBA. Clients then received the SBA Official 60-Day Notice and hired the Firm to respond to it and negotiate on their behalf. Clients disputed the SBA’s alleged balance of $148,000, as several payments made to the SBA lender during the Chapter 11 reorganization were not accounted for. To challenge the SBA’s claimed debt balance, the Firm Attorneys initiated expedited discovery to obtain government records. SBA records disclosed the true amount owed was about $97,000. Moreover, because the Clients’ home had significant equity, they were not eligible for an Offer in Compromise or an immediate Release of Lien for Consideration, despite being incorrectly advised by non-attorney consulting companies that they were. Instead, our Firm Attorneys recommended a Workout of $97,000 spread over a lengthy term and a waiver of the applicable interest rate making the monthly payment affordable. After back and forth negotiations, SBA approved the Workout proposal, thereby saving the home from imminent foreclosure and reducing the Clients' liability by nearly $81,000 in incorrect principal balance, accrued interest, and statutory collection fees.

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