Everything You Need to Know About SBA Loan Collateral and Personal Bankruptcy
Did you know that personal bankruptcy doesn't always mean you can walk away from your SBA loan? Here's what you need to know about SBA loan collateral.
Contact Our SBA Attorneys for Nationwide Representation of SBA and Treasury Debt Problems
Book a Consultation CallWe provide individuals with solutions whose SBA loan problems & other federal non-tax debts are referred to Treasury for aggressive collection. We employ practical strategies to resolve your Treasury collection problems and teach you about submitting a Compromise Offer.
On October 7, 2012, the Secretary of the Treasury, Timothy Geithner, issued Treasury Order 136-01 which consolidated and re-designated the bureaus formerly known as the Bureau of the Public Debt and the Financial Management Service as the Bureau of the Fiscal Service.
This Order delegated to the Commissioner, Bureau of the Fiscal Service, the authority that was previously delegated to the Commissioner of the Public Debt and the Commissioner, Financial Management Service.
As a result of this Treasury Order, all federal non-tax delinquent debts are now serviced and collected by this special Bureau of the Treasury Department.
If your federal non-tax delinquent debt (e.g. SBA loan, SEC debt, FCC debt, USDA loan etc.) has been transferred to the Department of the Treasury (DoT) from an existing federal creditor agency, it will be aggressively serviced and collected by the Bureau of the Fiscal Service (BFS).
BFS can use those aggressive collection tools available to all federal agencies pursuant to the Debt Collection Improvement Act of 1996.
Some of the aggressive collection tools available for Treasury debt defense are:
If your federal non-tax debt has been referred to the BFS for cross-servicing, is is critically important for you as a borrower, obligor or guarantor to hire qualified Federal Agency Practitioners who can help defend you against some of the Bureau’s most aggressive collection actions as noted above.
Because practice before the Department of the Treasury and the Bureau of Fiscal Service requires specific knowledge and understanding of several core areas of law and process, most notably (1) the federal agency maze, (2) federal administrative law and procedure, (3) constitutional law requirements, (4) federal administrative litigation, (5) federal administrative hearing representation and appeals, (6) federal agency rules and internal procedures of the referring federal creditor agency which originated the federal non-tax debt, (7) federal collection defense representation, (8) Department of Justice collateral liquidation and collection litigation defense, (9) bankruptcy law and asset exemptions and (10) DoT compromise and negotiation tactics, it is very important that you conduct your due diligence and choose your professional representatives wisely.
If your federal agency practitioners are not authorized to practice before the federal agencies pursuant to the Agency Practice Act and do not have experience with the core areas as identified above (and all non-attorney federal agency representatives do not have the necessary qualification as they neither have the education, training or, most importantly, the actual license to legally practice within the scope of these parameters), then “caveat emptor” or “buyer beware.”
As a result of this Treasury Order, all federal non-tax delinquent debts are now serviced and collected by this special Bureau of the Treasury Department.
If your federal non-tax delinquent debt (e.g. SBA loan, SEC debt, FCC debt, USDA loan etc.) has been transferred to the Department of the Treasury (DoT) from an existing federal creditor agency, it will be aggressively serviced and collected by the Bureau of the Fiscal Service (BFS).
BFS can use those aggressive collection tools available to all federal agencies pursuant to the Debt Collection Improvement Act of 1996.
Some of the aggressive collection tools available for Treasury debt defense are:
If your federal non-tax debt has been referred to the BFS for cross-servicing, is is critically important for you as a borrower, obligor or guarantor to hire qualified Federal Agency Practitioners who can help defend you against some of the Bureau’s most aggressive collection actions as noted above.
Because practice before the Department of the Treasury and the Bureau of Fiscal Service requires specific knowledge and understanding of several core areas of law and process, most notably (1) the federal agency maze, (2) federal administrative law and procedure, (3) constitutional law requirements, (4) federal administrative litigation, (5) federal administrative hearing representation and appeals, (6) federal agency rules and internal procedures of the referring federal creditor agency which originated the federal non-tax debt, (7) federal collection defense representation, (8) Department of Justice collateral liquidation and collection litigation defense, (9) bankruptcy law and asset exemptions and (10) DoT compromise and negotiation tactics, it is very important that you conduct your due diligence and choose your professional representatives wisely.
If your federal agency practitioners are not authorized to practice before the federal agencies pursuant to the Agency Practice Act and do not have experience with the core areas as identified above (and all non-attorney federal agency representatives do not have the necessary qualification as they neither have the education, training or, most importantly, the actual license to legally practice within the scope of these parameters), then “caveat emptor” or “buyer beware.”
Our firm successfully resolved an SBA COVID-19 Economic Injury Disaster Loan (EIDL) in the original amount of $150,000 for a Florida-based borrower. The loan, issued on June 4, 2020, was secured by business assets and potential personal liability through the SBA's Security Agreement.
Following the permanent closure of the business, we guided the client through the SBA’s Business Closure Review process and prepared a comprehensive collateral analysis. We negotiated directly with the SBA, obtaining a full release of the business collateral for $2,910 — satisfying the borrower’s obligations under the Security Agreement and eliminating any further enforcement risk against the pledged assets.
Our firm successfully resolved an SBA 7(a) loan default in the amount of $140,000 on behalf of a husband-and-wife guarantor pair. The business had closed following a prolonged decline in revenue, leaving the borrowers personally liable for the remaining balance.
After conducting a comprehensive financial analysis and preparing a detailed SBA Offer in Compromise (SBA OIC) package, we negotiated directly with the SBA and the lender to achieve a settlement for $70,000 — just 50% of the outstanding balance. This settlement released the borrowers from further personal liability and allowed them to move forward without the threat of enforced collection.
Our firm successfully assisted a client in closing an SBA Disaster Loan tied to a COVID-19 Economic Injury Disaster Loan (EIDL). The borrower obtained an EIDL loan of $153,800, but due to the prolonged economic impact of the COVID-19 pandemic, the business was unable to recover and ultimately closed.
As part of the business closure review and audit, we worked closely with the SBA to negotiate a resolution. The borrower was required to pay only $1,625 to release the remaining collateral, effectively closing the matter without further financial liability for the owner/officer.
This case highlights the importance of strategic negotiations when dealing with SBA settlements, particularly for businesses that have shut down due to unforeseen economic challenges. If you or your business are struggling with SBA loan debt, we focus on SBA Offer in Compromise (SBA OIC) solutions to help settle outstanding obligations efficiently.
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