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What Can an SBA Attorney Do for You?

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What Can an SBA Attorney Do for You?


The transcript of the video follows below for further review.

If you've got a loan secured by the Small Business Administration, but can't pay it, you might want to see a lawyer ASAP. Click here to learn about what an SBA attorney can do for you.

Is your business loan secured by the Small Business Administration (SBA)? Are you having trouble repaying it? You might think that you don't have any other option but trying to survive.

Yet, that isn't true. You might be eligible for other options without falling into default. An SBA attorney can help you navigate this process and tell you more about your options.

Have you consulted an attorney? Not sure what they can do for you? We'll tell you all about what an SBA lawyer can do for you.

Keep reading to learn more!

What Can an SBA Attorney Do for You?

So you decided to pursue your dream and open your business. To make it happen or grow, you took a business loan. An SBA secured loan provided you the funding you needed to make it happen.

Your business kept growing but your clients' payment terms are putting you in a tight spot. Your business' monthly income might not be the amount you need to stay current. Don't know how you can make payroll and pay your SBA loan?

You aren't alone in this. Many business owners arrive at this crossroads every day. You might be thinking there isn't a way you can prevent defaulting on your SBA loan

But an SBA lawyer can help you get out of this rabbit hole. They can go over your case and options. Your options will vary on a case by case basis.

You might be considering defaulting on your loan. But, you should keep in mind that the SBA default statute of limitations won't let you off the hook that easily. These loans are allowed to collect 6 years after your last payment.

It doesn't matter in what state you live because the state's statute of limitations doesn't apply to these loans. When you default, SBA has the option to send it to the Department of Treasury. They can collect beyond the established 6 years statute of limitations.

This may vary depending on your loan and collateral. An SBA lawyer can help you find the right option for your case. Here are some ways the right attorney can help you with your SBA loan.

1. Investigate and Discover Evidence of Your SBA Case

Now you know that if you default on an SBA loan, you won't be able to get rid of it as soon as you expected. You might've received a letter from SBA offering to review your debt on an administrative hearing. You may think it's a simple thing.

But, if you don't handle the situation right it can turn into a nightmare. An SBA lawyer can investigate your case and discover evidence that can help you. If you attend the hearing without the right evidence, you'll be losing the case from the get-go.

2. Representation at SBA Hearings and Appeals

You shouldn't underestimate an SBA hearing because it's an administrative process. Your hearing is as valid and important as any day in court. That's why you need to be as ready as you can be.

An SBA lawyer can represent you in the hearings and appeals. This will give you the biggest chance of getting the best outcome.

If you're considering appealing your SBA decision, you should consider using a specialized SBA OHA Appeal attorney. Their experience will give you the upper hand in your appeal. Because they know what's the best approach for SBA to accept your appeal.

3. Conduct SBA Repayment Plan Negotiations

Sometimes debtors may not be considered for an offer in compromise because their monthly income or liquid assets value is too high. Here your best option would be negotiating an SBA repayment plan. An SBA lawyer can negotiate your plan if SBA refers your case to the Department of Treasury.

The length for your repayment plan can't be more than 3 years. SBA deems this term reasonable time to pay the claimed debt.

These negotiations aren't easy. Don't fall into trying to negotiate the plan yourself. That's why it's recommended you hire a lawyer to represent you during the process.

4. Negotiate an SBA Offer in Compromise Settlement

When you receive an SBA Offer in Compromise, they're offering you an off-court settlement. To arrive at this agreement, the borrowers and guarantors need to agree.

An SBA lawyer may help you negotiate this settlement and obtain the best outcome. Also, they can tell you if this is your best option.

5. Obtain an SBA Loan Deferment or Modification

If your business is suffering a momentary slump, a loan deferment or modification might be your best option. If you obtain the first, you'll stop making payments during 3, 6, 9 or 12 months. SBA approves this option to businesses that prove a short-term financial difficulty.

You may be eligible for a loan modification if your business is generating revenue but falling short in their payments due to the loan terms. Most of the time, they offer this option for SBA 504 loans. An SBA lawyer can help you obtain these short and long-term solutions.

6. Negotiate an SBA Lien Release for Consideration

When you default on a secured SBA loan, the property you pledge will have an SBA lien. Many debtors believe that filing bankruptcy will eliminate it. Yet, this process may only discharge your debt.

There are certain situations when SBA may discharge the lien on your property. Here's where your SBA lawyer may negotiate an SBA Lien Release. An example is when a deceased spouse was the sole guarantor of the loan.

In this process, you could offer to buy back your property from SBA. They'll take several factors into consideration. An SBA lawyer can give you a better idea of the possibility of recovering your property.

Can an SBA Lawyer Help with Your Business Loan?

Yes, an SBA attorney can help you with your SBA secured loan. Your options will depend on the type of loan you have. But, an SBA lawyer can go over your loan paperwork and discuss your options.

Also, they can negotiate to come to an agreement with your lender. SBA loans don't work the same as other loans. That's why you should hire an expert to help you navigate the process.

If you hire an SBA lawyer, you'll be able to obtain the best outcome. Remember that the right attorney will take their time to analyze your case. They should go over your options and recommend the best approach.

Are you having problems making payments on your SBA loan? Want to learn more about your options? We can help!

Contact us to schedule your case evaluation today.

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.



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 personally guaranteed SBA 7(a) loan for $350,000. The small business failed but because of the personal guarantee liability, the client continued to pay the monthly principal & interest out-of-pocket draining his savings. The client hired a local attorney but quickly realized that he was not familiar with SBA-backed loans or their standard operating procedures. Our firm was subsequently hired after the client received the SBA's official 60-day notice. After back-and-forth negotiations, we were able to convince the SBA to reinstate the loan, retract the acceleration of the outstanding balance, modify the original terms, and approve a structured workout reducing the interest rate from 7.75% to 0% and extending the maturity date for a longer period to make the monthly payments affordable. In conclusion, not only we were able to help the client avoid litigation and bankruptcy, but our SBA lawyers also saved him approximately $227,945 over the term of the workout.



Client personally guaranteed SBA 7(a) loan balance of $58,000.  The client received a notice of Intent to initiate Administrative Wage Garnishment (AWG) Proceedings.  We represented the client at the hearing and successfully defeated the AWG Order based on several legal and equitable grounds.

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