ECOA May Provide A Defense To The Personal Guarantee Of A Spouse
We help people avoid an SBA loan default by advising them about the SBA offer in compromise and solutions to other SBA loan problems.
Protect Law Group's comprehensive services are tailored to assist businesses in resolving SBA loan default issues. Learn more today.
Book a Consultation CallWhen it comes to small business administration loans, facing the possibility of default can be a daunting prospect for any business owner. Protect Law Group understands the complexities associated with defaulting on an SBA loan within an LLC and is dedicated to assisting clients in navigating this challenging situation. Let's delve into what happens if you default on a loan in an LLC and the solutions available to you.
When an LLC defaults on an SBA loan, several key consequences may unfold:
Impact on Personal and Business Assets
One of the primary concerns when defaulting on an SBA loan in an LLC is the potential impact on both personal and business assets. SBA loans are often guaranteed by personal assets, putting them at risk in the event of a default. Protect Law Group's expertise in risk management and asset exemption protection can help mitigate these risks and safeguard your assets.
Legal Ramifications and Debt Repayment
Defaulting on an SBA loan can lead to legal actions and debt repayment obligations. Our team of Federal Agency Practitioners and SBA Attorneys is well-versed in constitutional law, contract law, and federal administrative procedures, ensuring comprehensive representation in negotiations, settlements, or even in SBA Office of Hearings & Appeals proceedings.
Exploring Debt Relief Options
Defaulting on an SBA loan does not necessarily mean the end of the road. SBA debt relief options such as deferment, SBA Offer in Compromise (SBA OIC), and bankruptcy law can provide avenues for resolving the debt burden. Protect Law Group's specialized services encompass these debt relief strategies, working towards favorable resolutions for our clients.
Protect Law Group's team of experienced attorneys understands the complexities surrounding SBA loans and stands ready to guide clients through the process of exploring and leveraging these debt relief options. Our experts are dedicated to advocating for our clients' best interests and securing the most favorable outcomes possible.
Negotiating SBA Loan Forgiveness
Despite the complexities of defaulting on an SBA loan, pursuing SBA loan forgiveness remains a viable solution. Our team excels in negotiations with creditors and the SBA, striving to achieve settlements that alleviate the financial strain on your LLC. Our expertise in commercial and banking litigation further bolsters our ability to secure favorable terms for debt restructuring.
Defaulting on an SBA loan within an LLC can pose significant challenges, but with the right legal guidance and strategic approach, navigating through this turmoil is possible. Protect Law Group's comprehensive services, spanning from financial analysis to negotiations and asset protection, are tailored to assist businesses in resolving SBA loan default issues effectively. Don't let the fear of default paralyze your business - explore the avenues of debt relief and settlement to secure a brighter financial future for your LLC.
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’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.
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.
Clients personally guaranteed an SBA 504 loan balance of $337,000. The Third Party Lender had obtained a Judgment against the clients. We represented clients before the SBA and negotiated an SBA OIC that was accepted for $30,000.
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