Bankruptcy Options for the Small Business Owner
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In today's complex business landscape, many entrepreneurs and small business owners face financial challenges that can lead to overwhelming debt. One solution offered by the Small Business Administration (SBA) is the "Offer in Compromise."
Book a Consultation CallIn today's complex business landscape, many entrepreneurs and small business owners face financial challenges that can lead to overwhelming debt. One potential solution offered by the Small Business Administration (SBA) is the "Offer in Compromise" program. This article delves into the intricacies of SBA Offers in Compromise and highlights the invaluable role legal professionals play in helping businesses navigate this process successfully.
An SBA Offer in Compromise is a debt settlement program designed to assist personal guarantors in resolving their outstanding SBA loan debt for less than the full amount owed. It provides a lifeline to businesses facing financial hardship and is particularly relevant in today's economic climate.
To qualify for an SBA Offer in Compromise, businesses must meet specific criteria outlined by the Small Business Administration. These criteria often include demonstrating financial distress, an inability to repay the full debt, and a willingness to cooperate with the SBA.
SBA Offers in Compromise offer several advantages, including debt reduction, avoiding legal action, and the opportunity for a fresh financial start. These benefits make it an attractive option for business owners in dire financial straits.
Navigating the SBA's Offer in Compromise program can be a daunting task. Legal professionals with experience in this area can provide invaluable guidance, ensuring that businesses meet all eligibility requirements and adhere to the necessary legal procedures.
One of the most critical aspects of the SBA Offers in Compromise process is negotiating with the SBA itself. Legal professionals are well-versed in negotiation strategies and can work to secure the best possible settlement terms for their clients.
Legal professionals understand the legal rights and protections available to businesses under the SBA Offers in Compromise program. They can advocate on behalf of their clients, ensuring that their rights are protected throughout the process.
Preparing a compelling offer package is crucial to a successful SBA Offer in Compromise. Legal professionals have the expertise to gather and present all required financial documentation and persuasive arguments to support their clients' cases.
At Protect Law Group, we are dedicated to helping business owners overcome financial challenges and achieve a fresh start. Our team of experienced legal professionals works exclusively with SBA Offers in Compromise and will work tirelessly to secure the best possible outcome for you.
We understand that every person's situation is unique. That's why we provide personalized solutions tailored to your specific circumstances. Whether you owned a small startup or an established enterprise, we have the expertise to assist you.
We believe in open and transparent communication with our clients. Throughout the SBA Offers in Compromise process, we will keep you informed every step of the way, ensuring you understand the progress and potential outcomes.
In conclusion, SBA Offers in Compromise are a lifeline for business owners, offering the hope of financial recovery and a fresh start. Legal professionals play a pivotal role in guiding businesses through this complex process, ensuring eligibility, protecting rights, and negotiating favorable terms.
If you are facing financial hardship and considering an SBA Offer in Compromise, don't go it alone. Seek the expertise of experienced legal professionals who can navigate this challenging terrain with you.
What is the primary goal of an SBA Offer in Compromise?
The primary goal of an SBA Offer in Compromise is to help business owners in financial distress settle their SBA loan debt for less than the full amount owed, providing them with a fresh start.
Who is eligible for an SBA Offer in Compromise?
Business owners who signed a personal guarantee for a SBA loan and are facing financial hardship, unable to repay their SBA debt in full, and willing to cooperate with the SBA may be eligible for an Offer in Compromise.
How can legal professionals assist with SBA Offers in Compromise?
Legal professionals provide expertise in navigating the complex SBA process, negotiating with the SBA on behalf of businesses, protecting clients' rights, and developing persuasive offer packages.
What are the key benefits of pursuing an SBA Offer in Compromise?
The benefits include debt reduction, avoiding legal action, and the opportunity for a fresh financial start.
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 executed personal and corporate guarantees for an SBA 7(a) loan from a Preferred Lender Provider (PLP). The borrower corporation defaulted on the loan exposing all collateral pledged by the Clients. The SBA subsequently acquired the loan balance from the PLP, including the right to collect against all guarantors. The SBA sent the Official Pre-Referral Notice to the guarantors giving them sixty (60) days to either pay the outstanding balance in full, negotiate a Repayment (Offer in Compromise (OIC) or Structured Workout (SW)), challenge their alleged guarantor liability or file a Request for Hearing (Appeals Petition) with the SBA Office of Hearings & Appeals.
Because the Clients were not financially eligible for an OIC, they opted for Structured Workout negotiations directly with the SBA before the debt was transferred to the Bureau of Fiscal Service, a division of the U.S. Department of Treasury for enforced collection.
The Firm was hired to negotiate a global Workout Agreement directly with the SBA to resolve the personal and corporate guarantees. After submitting the Structured Workout proposal, the assigned SBA Loan Specialist approved the requested terms in under ten (10) days without any lengthy back and forth negotiations.
The favorable terms of the Workout included an extended maturity at an affordable principal amount, along with a significantly reduced interest rate saving the Clients approximately $181,000 in administrative fees, penalties and interest (contract interest rate and Current Value of Funds Rate (CVFR)) as authorized by 31 U.S.C. § 3717(e) had the SBA loan been transferred to BFS.
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.
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.
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