If you Owe more than $30,000 contact us for a case evaluation at (833) 428-0937
contact us for a free case evaluation at (833) 428-0937
Call us (833) 428-0937

What You Need To Know About Subchapter V

Understand Subchapter V and how it can provide effective debt management programs and business debt relief. Contact Protect Law Group today!

Book a Consultation Call

What You Need To Know About Subchapter V

If your business is struggling with overwhelming debt, it's crucial to explore all available options for relief. One such option is Subchapter V. At Protect Law Group, our team of SBA loan attorneys specializes in helping businesses navigate the complexities of Subchapter V and find concrete solutions for their financial challenges. Contact us to learn more!

Small business solutions

Understanding Subchapter V

Subchapter V is a bankruptcy provision specifically designed for small businesses with debt under $7.5 million. It offers an expedited and streamlined process for debt adjustment and provides business owners with a more manageable path to financial recovery.

Financial management

Debt Management Programs

One significant advantage of Subchapter V is its focus on debt management programs. Under Subchapter V, businesses can propose a debt repayment plan based on their current income and projected future earnings.

Woman holding a piggy bank

Benefits for Business Debt Relief

Subchapter V benefits for small businesses include easier plan confirmation, debtor-only plan filing, no disclosure statement requirement, contested plan confirmation, relaxed absolute priority rule, no creditors committee, and no quarterly U.S. Trustee payments. These changes result in faster, less expensive reorganizations.

SMB Attorney

The Role of SBA Loan Attorneys

Navigating Subchapter V requires the expertise of SBA loan attorneys. From strategizing debt management programs to guiding negotiations, SBA loan attorneys play a crucial role in ensuring a favorable outcome for businesses seeking business debt relief.

Get SBA Loan Help and Work Towards Business Debt Relief

Subchapter V provides small businesses with an opportunity to regain control of their financial situation through efficient debt management programs and business debt relief. By understanding the provisions and benefits of Subchapter V and partnering with experienced SBA loan attorneys like those at Protect Law Group, businesses can navigate this process with confidence and pave the way for a brighter financial future. Contact our team today to discuss how Subchapter V can work for your business!

Contact Us

Why Hire Us to Help You with Your Treasury or SBA Debt Problems?

construction accident injury lawyer

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

slip and fall attorney

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

truck accident injury attorney

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.

$1,500,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

$1,500,000 SBA COVID-EIDL LOAN - SBA OHA LITIGATION

Small business and guarantors obtained an SBA COVID-EIDL loan for $1,000,000. Clients defaulted causing SBA to charge-off the loan, accelerate the balance and refer the debt to Treasury's Bureau of Fiscal Service for collection. Treasury added nearly $500,000 in collection fees totaling $1,500,000. Clients were served with the SBA's Official 60-Day Notice and exercised the Repayment option by applying for the SBA’s Hardship Accommodation Plan. However, their application was summarily rejected by the SBA without providing any meaningful reasons. Clients hired the Firm to represent them against the SBA, Treasury and a Private Collection Agency.  After securing government records through discovery, we filed an Appeals Petition with the SBA Office of Hearings & Appeals (OHA) court challenging the SBA's referral of the debt to Treasury. During litigation and before the OHA court issued a final Decision and Order, the Firm successfully negotiated a reinstatement and recall of the loan back to the SBA, a modification of the original repayment terms, termination of Treasury's enforced collection and removal of the statutory collection fees.

$324,000 SBA 7A LOAN - SBA OHA LITIGATION

$324,000 SBA 7A LOAN - SBA OHA LITIGATION

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.

$488,000 SBA 7A LOAN - SBA OHA LITIGATION

$488,000 SBA 7A LOAN - SBA OHA LITIGATION

The clients are personally guaranteed an SBA 7(a) loan.  The SBA referred the debt to the Department of Treasury, which was seeking payment of $487,981 from our clients.  We initially filed a Cross-Servicing Dispute, which was denied.  As a result, we filed an Appeals Petition with the SBA Office of Hearings and Appeals asserting legal defenses and supporting evidence uncovered during the discovery and investigation phase of our services.  Ultimately, the SBA settled the debt for $25,000 - saving our clients approximately $462,981.

Read more Case Results

Related Content

Read more sba debt articles