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.
Client personally guaranteed SBA 7(a) loan for $150,000. COVID-19 caused the business to fail, and the loan went into default with a balance of $133,000. Client initially hired a non-attorney consultant to negotiate an OIC. The SBA summarily rejected the ineligible OIC and the debt was referred to Treasury’sBureau of Fiscal Service for enforced collection in the debt amount of $195,000. We were hired to intervene and initiated discovery for SBA and Fiscal Service records. We were able to recall the case from Fiscal Service back to the SBA. We then negotiated a structured workout with favorable terms that saves the client approximately $198,000 over the agreed-upon workout term by waiving contractual and statutory administrative fees, collection costs, penalties, and interest.
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.
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.
.jpg)
