Common Mistakes to Avoid When Applying for an SBA Offer in Compromise
Common Mistakes to Avoid When Applying for an SBA Offer in Compromise
Are you a small business owner struggling with the weight of SBA loans? We understand the challenges you're facing and want you to know that there's a lifeline available: the SBA Debt Relief Program. At Protect Law Group, we're dedicated to being your best debt relief partner, providing small business debt relief and debt relief help that truly makes a difference. See what we can do for you by contacting us today!
The Small Business Administration's Debt Relief Program was designed to ease the financial burden on struggling entrepreneurs. If you're in a situation where bankruptcy seems inevitable, it's crucial to explore this option first. SBA Debt Relief works by covering a portion of your SBA loan payments, giving you room to breathe and regain financial stability.
Navigating the complexities of SBA loans and potential bankruptcy can be overwhelming. That's where Protect Law Group steps in. Our team of experienced professionals specializes in SBA Debt Relief, ensuring you get the best debt relief advice tailored to your unique situation. We're not just another firm; we're your advocates, your partners, and your path to a debt-free future.
Bankruptcy might feel like a dark lonely path, but with Protect Law Group by your side, you're never alone. Our commitment to providing the best debt relief solutions means we'll guide you through every step of the process. We've helped countless small business owners find their way back to financial stability through the SBA Debt Relief Program, and we're here to do the same for you.
The uncertainty that comes with SBA debt and the possibility of bankruptcy can be paralyzing. That's why we encourage you to take action today. Reach out to Protect Law Group, and let us be your beacon of hope. Our team's expertise in SBA Debt Relief ensures that the moment you call us, you're taking a step toward a brighter financial future.
The journey to small business debt relief and overcoming the challenges of SBA loans begins with understanding your options. The SBA Debt Relief Program is a powerful tool that can save your business from bankruptcy. Protect Law Group is your trusted partner, providing expert debt relief help and support to guide you through the process. Don't wait — call us today, and let's work together towards a debt-free tomorrow.
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 several trust deeds pledging seven (7) real estate properties and unconditional personal guarantees for an SBA 7(a) loan from the participating lender. The clients' small business failed and eventually defaulted on repayment of the loan exposing all collateral pledged by the clients. The SBA subsequently acquired the loan balance from the lender, including the right to liquidate and collect all pledged collateral pursuant to the trust deed instruments.
The Firm was hired to negotiate separate release of lien proposals for all 7 real estate properties. In preparation for the work assignment, the Firm Attorneys initiated discovery to secure records from the SBA and Treasury's Bureau of Fiscal Service. After reviewing the records and understanding the interplay between the lender and the SBA, the attorneys then prepared, submitted and negotiated the release of lien (ROL) for each of the 7 real estate properties for consideration.
After submitting the proposals, the assigned SBA Loan Specialists approved each ROL package - significantly reducing the total SBA debt claimed.
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 $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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