SBA Chief Maria Contreras-Sweet's Commencement Speech At Whittier
Protect Law Group has the legal expertise to guide you through the SBA offer in compromise process and help successfully resolve your SBA loan problems.
SBA Help for Coronavirus Outbreak: SBA Programs Available for Small Businesses as Domino Effect Begins to Unfold within the Next 4-8 Weeks
Unfortunately, the Coronavirus (aka COVID-19) has breached our borders so prevention is no longer a viable remedy. Travel blockades and restrictions will not be effective. Now that the virus is in the U.S., the primary objective is to contain “community spread.”
There are options available to try to stem the tide and deter “community spread.” The 4 major options are discussed in an interesting Washington Post article, which can be accessed here: https://www.washingtonpost.com/graphics/2020/world/corona-simulator/?utm_source=pocket-newtab
Whatever measures are implemented, it should be noted that this public health crisis will impact our economy – definitely in the short term (hopefully, not in the long term) – as containment of “community spread’ is the only viable response at this point – especially since we will not be able to conjure up an anti-viral drug or vaccine within the next 2 months to either cure or prevent the disease. The objective is to prevent a systemic failure to our health care system, which occurred in Italy where arguably unethical decisions were made for triage purposes to care for those individuals with a better survival rate than those who’s odds are worse. This translates into discriminatory health care – a selection process that does not bode well for the elderly (age discrimination) and for minorities (race-based due to preconceived notions of underlying health conditions).
So, what is the federal government’s plan for small businesses currently or about to be affected by measures implemented to date to stem “community spread’ from the Coronavirus Outbreak?
As of March 12, 2020, President Trump proposed the following ideas:
For current small business affected by federal, state and local restrictions with SBA 504, 7(a) or Micro Loans, deferment or forbearance options may be one of your options. Information relating to deferment options are available in the following links:
SBA Information Notice 5000-20004
President Trump announced Friday, March 13, 2020, the Small Business Administration is "stacked" with money to help small businesses during the Coronavirus outbreak. See https://youtu.be/he83H_yI7RA. A national emergency has been declared, freeing up additional federal funding.
President Trump announced earlier this week his intent to help the U.S. economy during the Coronavirus outbreak by increasing SBA funding by an unprecedented $50 billion.
More information will be released as the rules are published.
On March 13, 2020, the Coronavirus Preparedness and Response Supplemental Appropriations Act (H.R. 6074) was signed by the President and became law. The legislation provides $8.3 billion in new funding to support public health services and businesses negatively impacted by the COVID-19 outbreak. In addition to providing public health agencies with $950 million, the new appropriations are estimated to allow the SBA to provide $7 billion in loans to small businesses.
"For many American small businesses, the outbreak of coronavirus means fewer customers, gaps in supply chains, and workforce reductions," says House Small Business Committee Chairwoman, Nydia M. Velázquez. "That is why [...] the House acted to open critical economic injury loans to small businesses dealing with the consequences of the coronavirus outbreak. These low-interest loans will inject much-needed capital into Main Street businesses as they recover from the hardship of operating during a public health crisis."
"I'm grateful that this bill includes a provision [...] to deal with some of the economic impacts of this." U.S. Representative Derek Kilmer said in a press release last week. "I've already heard some export-dependent manufacturers have been negatively impacted by this situation. It's important for the federal government to have the backs of our small businesses by providing this assistance."
Review the following sources here:
H.R. 6074
The House Committee on Small Business - Press Release
SBA Disaster Loan Program
The SBA website has not yet been updated with specific information about the loans and lending plans available for coronavirus-related small business recoveries. However, it is likely that the SBA will offer the low-interest loans as part of its established Small Business Disaster Loan program.
If you are facing inevitable issues and problems with your SBA loan either with your SBA 7(A) lender, your Certified Development Corporation (CDC) regarding your SBA 504 loan or Disaster Loan (i.e., EIDL, Home or Business Disaster Loan), contact us today for a case evaluation with an experienced SBA attorney at 1-888-756-9969
We can analyze your SBA challenges, issues and problems stemming from the Coronavirus health scare and advise you on a range of potential solutions in light of the current legislation, federal rules and regulations.
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
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
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.
Clients' 7(a) loan was referred to Treasury's Bureau of Fiscal Service for enforced collection in 2015. They not only personally guaranteed the loan, but also pledged their primary residence as additional collateral. One of the clients filed for Chapter 7 bankruptcy thinking that it would discharge the SBA 7(a) lien encumbering their home. They later discovered that they were mistakenly advised. The Firm was subsequently hired to review their case and defend against a series of collection actions. Eventually, we were able to negotiate a structured workout for $180,000 directly with the SBA, saving them approximately $250,000 (by reducing the default interest rate and removing Treasury's substantial collection fees) and from possible foreclosure.
Client’s small business obtained an SBA 7(a) loan for $750,000. She and her husband signed personal guarantees exposing all of their non-exempt income and assets. With just 18 months left on the maturity date and payment on the remaining balance, the Great Recession of 2008 hit, which ultimately caused the business to fail and default on the loan terms. The 7(a) lender accelerated and sent a demand for full payment of the remaining loan balance. The SBA lender’s note allowed for a default interest rate of about 7% per year. In response to the lender's aggressive collection action, Client's husband filed for Chapter 7 bankruptcy in an attempt to protect against their personal assets. However, his bankruptcy discharge did not relieve the Client's personal guarantee liability for the SBA debt. The SBA lender opted to pursue the SBA 7(a) Guaranty and subsequently assigned the loan and the right to enforce collection against the Client to the SBA. The Client then received the SBA Official 60-Day Notice. After conducting a Case Evaluation with her, she then hired the Firm to respond and negotiate on her behalf with just 34 days left before the impending referral to Treasury. The Client wanted to dispute the SBA’s alleged debt balance as stated in the 60-Day Notice by claiming the 7(a) lender failed to liquidate business collateral in a commercially reasonable manner - which if done properly - proceeds would have paid back the entire debt balance. However, due to time constraints, waivers contained in the SBA loan instruments, including the fact the Client was not able to inspect the SBA's records for investigation purposes before the remaining deadline, Client agreed to submit a Structured Workout for the alleged balance in response to the Official 60-Day Notice as she was not eligible for an Offer in Compromise (OIC) because of equity in non-exempt income and assets. After back and forth negotiations, the SBA Loan Specialist approved the Workout proposal, reducing the Client's purported liability by nearly $142,142.27 in accrued interest, and statutory collection fees. Without the Firm's intervention and subsequent approval of the Workout proposal, the Client's debt amount (with accrued interest, Treasury's statutory collection fee and Treasury's interest based on the Current Value of Funds Rate (CVFR) would have been nearly $291,030.
Our firm successfully assisted a client in closing an SBA Disaster Loan tied to a COVID-19 Economic Injury Disaster Loan (EIDL). The borrower obtained an EIDL loan of $153,800, but due to the prolonged economic impact of the COVID-19 pandemic, the business was unable to recover and ultimately closed.
As part of the business closure review and audit, we worked closely with the SBA to negotiate a resolution. The borrower was required to pay only $1,625 to release the remaining collateral, effectively closing the matter without further financial liability for the owner/officer.
This case highlights the importance of strategic negotiations when dealing with SBA settlements, particularly for businesses that have shut down due to unforeseen economic challenges. If you or your business are struggling with SBA loan debt, we focus on SBA Offer in Compromise (SBA OIC) solutions to help settle outstanding obligations efficiently.
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