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The Importance of Proper Documentation for SBA Forgiveness

Discover how proper documentation can secure SBA loan forgiveness. Expert tips from seasoned SBA loan attorneys for successful business debt relief.

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The Importance of Proper Documentation for SBA Forgiveness

In the complex landscape of Small Business Administration (SBA) loans, the pathway to forgiveness can seem fraught with obstacles. At Protect Law Group, we understand the nuances of navigating these challenges and emphasize the critical role of proper documentation. As your dedicated SBA loan attorneys, we are here to guide you through the intricacies of securing your business debt relief with precision and professionalism.

SBA loan contract

Understanding SBA Forgiveness Criteria

The first step towards achieving SBA loan forgiveness is a thorough understanding of the criteria set forth by the SBA. It's not merely about meeting the loan's use requirements; it's about meticulously documenting every related transaction. Proper documentation serves as the foundation of your forgiveness application, demonstrating compliance with SBA guidelines. Our SBA loan lawyers are adept at helping clients identify and compile the necessary documents, ensuring that every qualifying expense is accounted for and substantiated.

business owner organizing documents

Organizing Financial Records

Organizing your financial records is more than a best practice; it's a strategic move in your forgiveness application process. Detailed records, including bank statements, invoices, and payroll reports, are indispensable. They not only support your forgiveness claim but also prepare you for any audits by the SBA. Our team of SBA lawyers specializes in assisting clients with the organization and review of their financial documents, ensuring that your submission is both comprehensive and compliant.

gavel

Navigating Changes in Legislation

The landscape of SBA loans and forgiveness programs is ever-evolving, with legislation and guidelines subject to change. Keeping abreast of these changes and understanding their implications on your forgiveness eligibility is crucial. Protect Law Group stays at the forefront of legislative developments, providing our clients with timely updates and strategic advice on adjusting their documentation practices accordingly.

SBA lawyer with client

Professional Advocacy and Representation

Perhaps the most significant advantage of enlisting an SBA loan attorney from Protect Law Group is the professional advocacy and representation we provide. Navigating the SBA forgiveness process can be daunting, but you don't have to do it alone. Our attorneys are authorized to represent federal debtors nationwide, offering expert guidance every step of the way — from preparing your application to addressing any challenges that arise during the review process.

Securing SBA loan forgiveness is a detailed and demanding process, emphasizing the importance of proper documentation. At Protect Law Group, we are committed to offering unparalleled support and expert representation to small business owners seeking debt relief. If you're navigating the complexities of SBA forgiveness, let our experienced SBA loan lawyers guide you toward a successful resolution. Contact us today to learn more about how we can assist you in securing the financial relief your business deserves.

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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.

$310,000 SBA 7A LOAN - SBA OIC TERM WORKOUT

$310,000 SBA 7A LOAN - SBA OIC TERM WORKOUT

Client personally guaranteed an SBA 7(a) loan for $100,000 from the lender. The SBA loan went into early default in 2006 less than 12 months from disbursement. The SBA paid the 7(a) guaranty monies to the lender and subsequently acquired the deficiency balance of about $96,000, including the right to collect against the guarantor. However, the SBA sent the Official 60-Day Due Process Notice to the Client's defunct business address instead of his personal residence, which he never received. As a result, the debt was transferred to Treasury's Bureau of Fiscal Service where substantial collection fees were assessed, including accrued interest per the promissory note. Treasury eventually referred the debt to a Private Collection Agency (PCA) - Pioneer Credit Recovery, Inc. Pioneer sent a demand letter claiming a debt balance of almost $310,000 - a shocking 223% increase from the original loan amount assigned to the SBA. Client's social security disability benefits were seized through the Treasury Offset Program (TOP). Client hired the Firm to represent him as the debt continued to snowball despite seizure of his social security benefits and federal tax refunds as the involuntary payments were first applied to Treasury's collection fees, then to accrued interest with minimal allocation to the SBA principal balance.

We initially submitted a Cross-Servicing Dispute (CSD) challenging the referral of the debt to Treasury based on the defective notice sent to the defunct business address. Despite overwhelming evidence proving a violation of the Client's Due Process rights, the SBA still rejected the CSD. As a result, an Appeals Petition was filed with the SBA Office of Hearings & Appeals (OHA) Court challenging the SBA decision and its certification the debt was legally enforceable in the amount claimed. After several months of litigation before the SBA OHA Court, our Firm Attorney successfully negotiated an Offer in Compromise (OIC) Term Workout with the SBA Supervising Trial Attorney for $82,000 spread over a term of 74 months at a significantly reduced interest rate saving the Client an estimated $241,000 in Treasury collection fees, accrued interest (contract interest rate and Current Value of Funds Rate (CVFR)), and the PCA contingency fee.

$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) f 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.

$324,000 SBA 7A LOAN - SBA OHA LITIGATION

$324,000 SBA 7A LOAN - SBA OHA LITIGATION

Clients obtained an SBA 7(a) loan for $324,000 to buy a small business and its facility. The business and real estate had an appraisal value of $318,000 at the time of purchase.  The business ultimately failed but the participating lender abandoned the business equipment and real estate collateral even though it had valid security liens. As a result, the lender recouped nearly nothing from the pledged collateral, leaving the business owners liable for the deficiency balance. The SBA paid the lender the 7(a) guaranty money and was assigned ownership of the debt, including the right to collect. However, the clients never received the SBA Official 60-Day Notice and were denied the opportunity to negotiate an Offer in Compromise (OIC) or a Workout directly with the SBA before being transferred to Treasury's Bureau of Fiscal Service, which added an additional $80,000 in collection fees. Treasury garnished and offset the clients' wages, federal salary and social security benefits. When the clients tried to negotiate with Treasury by themselves, they were offered an unaffordable repayment plan which would have caused severe financial hardship. Clients subsequently hired the Firm to litigate an Appeals Petition before the SBA Office & Hearings Appeals (OHA) challenging the legal enforceability and amount of the debt. The Firm successfully negotiated a term OIC that was approved by the SBA Office of General Counsel, saving the clients approximately $205,000.

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