SBA Loan News - Loans to Military Vets
Dealing with an SBA OIC case can be hard. You should allow one of our lawyers to settle SBA debt for you. Talk to us about your SBA loan default.
Contact Our SBA Attorneys for Nationwide Representation of SBA and Treasury Debt Problems
Book a Consultation CallIf you have recently received a letter from Treasury’s Bureau of Fiscal Service (BFS) demanding that you pay off an SBA debt or other Federal Agency Creditor non-tax debt where the Government has added an amount up to 30% of the original balance as “administrative fees and costs,” you should consider exercising your statutory rights as codified in the Debt Collection Improvement Act (DCIA) of 1996. Do not ignore this important letter. You will need to act quickly before Treasury begins to utilize their administrative collection weapons against you.
Sometimes, based on your financial status, a compromise or settlement with Treasury’s BFS won’t be a viable option. Some federal debtors have too much in liquid assets and/or their monthly income is too high such that the Treasury’s BFS will not be amenable to accepting your compromise or settlement offer.
If your financial profile and net worth disqualifies you for a compromise, one of your options is to negotiate a repayment agreement with the Treasury’s BFS. After carefully reviewing your financial situation, we can negotiate a reasonable repayment agreement with the Treasury’s BFS.
A repayment agreement with the Treasury’s BFS is used to pay the claimed debt over a reasonable period of time. However, the Treasury’s BFS unilaterally defines a “reasonable period of time” as no more than 3 years. It, however, does not take into consideration certain factors as noted in the DCIA of 1996, the supporting Code of Federal Regulations (CFR) or the Federal Claims Collection Standards (FCCS) to derive the monthly amount. Instead, it just calculates the monthly amount by dividing the unverified amount of the alleged federal non-tax debt by 36 months.
It is a one-sided negotiation that favors the Treasury’s BFS. Don’t fall into the trap by trying to negotiate the repayment agreement terms by yourself. Instead, let us analyze your financial profile and compare it against the FCCS to derive a “reasonable” amount that you can afford and present the terms to the Treasury’s BFS to arrive at a “win-win” negotiation that works for both parties.
Contact us today for a Case Evaluation.
Clients borrowed and personally guaranteed an SBA 7(a) loan. Clients defaulted on the SBA loan and were sued in federal district court for breach of contract. The SBA lender demanded the Client pledge several personal real estate properties as collateral to reinstate and secure the defaulted SBA loan. We were subsequently hired to intervene and aggressively defend the lawsuit. After several months of litigation, our attorneys negotiated a reinstatement of the SBA loan and a structured workout that did not involve any liens against the Client's personal real estate holdings.
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's small business obtained an SBA COVID EIDL for $301,000 pledging collateral by executing the Note, Unconditional Guarantee and Security Agreement. The business defaulted on the loan and the SBA CESC called the Note and Guarantee, accelerated the principal balance due, accrued interest and retracted the 30-year term schedule.
The loan was transferred to the Treasury's Bureau of Fiscal Service which resulted in the statutory addition of $90,000+ in administrative fees, costs, penalties and interest with the total debt now at $391.000+. Treasury also initiated a Treasury Offset Program (TOP) levy against the client's federal contractor payments for the full amount each month - intercepting all of its revenue and pushing the business to the brink of bankruptcy.
The Firm was hired to investigate and find an alternate solution to the bankruptcy option. After submitting formal production requests for all government records, it was discovered that the SBA failed to send the required Official 60-Day Pre-Referral Notice to the borrower and guarantor prior to referring the debt to Treasury. This procedural due process violation served as the basis to submit a Cross-Servicing Dispute to recall the debt from Treasury back to the SBA and to negotiate a reinstatement of the original 30-year maturity date, a modified workout, cessation of the TOP levy against the federal contractor payments and removal of the $90,000+ Treasury-based collection fees, interest and penalties.
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