How Protect Law Group Can Help Your Small Business Achieve Loan Forgiveness
Learn how Protect Law Group's SBA Attorneys in San Diego, Orange, and Los Angeles Counties can assist your small business in achieving loan forgiveness. Contact us!
Learn how SBA loan forgiveness works and how it can help small business owners facing financial difficulties. Contact us today for a case evaluation.
Book a Consultation CallSBA Loan Forgiveness Update
Attention all borrowers! Effective March 13, 2024, the Small Business Administration (SBA) is making it easier for you to apply for forgiveness on your Paycheck Protection Program (PPP) loans. Regardless of the size of your loan, you can now use SBA's direct forgiveness portal, which only takes about 15 minutes to complete. The questions asked on the portal are the same as those on SBA Form 3508, Form 3508EZ, or Form 3508S.
Keep in mind that each forgiveness form has specific instructions for required documentation. For loans of $150,000 and below, use SBA Form 3508S which does not require additional documentation. But for loans over $150,000, choose between SBA Form 3508 or Form 3508EZ, both of which require additional documentation. Refer to the instructions for each form for detailed guidance on the required documents. Don't forget to check out the section titled "Documents that Each Borrower Must Submit with its PPP Loan Forgiveness Application" for additional details. Start your forgiveness application process now and ease the burden on your small business!
To assist small businesses navigate the PPP loan forgiveness process, Biz2Credit developed a PPP loan forgiveness tool (https://www.pppforgivenesstool.com/) as a free resource to use.
To apply for loan forgiveness for the SBA PPP Loan program, you are required to complete the U.S. Small Business Administration Form 3508
The United States Small Business Administration supports small businesses across the country by offering learning resources and funding opportunities. One of their most popular funding offerings is the SBA loan program.
Several kinds of SBA loans exist to help businesses meet their goals from buying new equipment to purchasing land. Businesses usually grow from these loans and use their profits to pay back what they borrowed, but this isn’t always the case.
Only about 1 in 6 SBA 7(a) loans are not paid back. Owners defaulting on their loans may want to try applying for SBA loan forgiveness to lessen their debts.
Learn all about the SBA loan forgiveness program and how it works below.
SBA Loan Forgiveness
An SBA loan is a small-business loan. It’s granted by the U.S. Small Business Administration and then issued by a bank or other participating lender.
An SBA loan of $150,000 or less comes with a guarantee of up to 85%. The SBA loan guarantee for loans over $150,000 is up to 75%.
There are four main types of SBA loans in the U.S. including:
The original 7(a) lending program remains the most popular.
Not every business that takes out an SBA loan succeeds. If you find your business is not turning a profit and you default on your SBA loan, you should consider SBA loan forgiveness.
After missing your first payment, you likely receive a late notice from your lender after about 10 days. Most lenders charge a late fee, so if you still can make a payment expect an upcharge. Try to keep a record of your payments because not every lender will alert you when you’ve missed one.
Before contacting the SBA, the lender will first attempt to collect from the borrower.
Some lenders will attempt to refinance the SBA loan or work out a new loan repayment plan. They might offer interest-only payments for a short time or a complete loan restructuring. This is not considered defaulting on the loan.
Only businesses that actually default on their SBA loan can apply for loan forgiveness. Be aware that you may default on a loan without being behind on payments. This happens when you violate the terms of the loan like:
Defaulting on a loan due to a lack of repayment is much more common than violating the loan agreement terms.
Business owners defaulting on their SBA loan can apply for loan forgiveness, but that does not guarantee the SBA will approve the request. It is more commonly referred to as an "offer in compromise".
The SBA evaluates your case and discusses the matter with the lender. The SBA may take action, but only after the lender has tried and failed to collect on the defaulted loan. The SBA purchases back between 50-85% of the loan and then turns to the business to collect the debt.
The SBA will look to you, as the personal guarantor, to pay back the loan. If you cannot pay back the loan in full, you may submit an offer in compromise wherein you offer to pay a portion of the loan. The SBA has the discretion to accept or reject your proposal.
If you cannot repay or refuse to repay, the SBA may seize assets from the personal guarantor of the business. Any owner with more than 20% state in the company would have signed as a guarantor and become liable.
There are two ways for the SBA to collect the owned money. Either through the Treasury Offset Program (TOP) or by cross-servicing.
The Treasury Offset Program (TOP) recovers the debt through the business or guarantor’s income tax refund. Rather than receive the expected tax refund, the funds automatically get applied to the SBA loan default debt.
Cross-servicing refers to when the SBA sends the deliquent loans to the U.S. Department of the Treasury’s Bureau of the Fiscal Service. They will collect the debt by:
It’s better to offer as much as you can during the start of SBA loan settlement negotiations to avoid these unpleasant options.
When your business is failing and you’re swimming in debt, any bit of relief seems like a miracle. However, if you cannot refinance your SBA loan and need loan forgiveness, understand that it comes with a few drawbacks.
First, you must dissolve your business entirely and liquidate all business property. This helps to bring down the amount of debt owed.
Second, be aware that asking for SBA loan forgiveness negatively impacts your business credit records. It can adversely affect your personal credit as well if you signed as the guarantor on the defaulted SBA loan.
Finally, business owners who receive loan forgiveness from it SBA will find it much more difficult to get approved for federal-based business loans in the future.
Now you should have a basic understanding of SBA loans and what happens if you default on an SBA loan.
Applying for SBA loan forgiveness may seem like a better idea than filing for Chapter 7 bankruptcy, but not always. Every lender and loan is a bit different, so it can help to get a second opinion on what to do.
Don’t try to resolve SBA loan issues alone. Speak to an attorney with the Protect Law Group!
The Protect Law Group has proven, nationwide experience negotiating SBA debts and helping businesses file for bankruptcy.
Owe more than $30,000? Contact the Protect Law Group today for an SBA loan case evaluation
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 received the SBA's Official 60-Day Notice for a loan that was obtained by her small business in 2001. The SBA loan went into default in 2004 but after hearing nothing from the SBA lender or the SBA for 20 years, out of the blue, she received the SBA's collection due process notice which provided her with only one of four options: (1) repay the entire accelerated balance immediately; (2) negotiate a repayment arrangement; (3) challenge the legal enforceability of the debt with evidence; or (4) request an OHA hearing before a U.S. Administrative Law Judge.
Client hired the Firm to represent her with only 13 days left before the expiration deadline to respond to the SBA's Official 60-Day Notice. The Firm attorneys immediately researched the SBA's Official loan database to obtain information regarding the 7(a) loan. Thereafter, the Firm attorneys conducted legal research and asserted certain affirmative defenses challenging the legal enforceability of the debt. A written response was timely filed to the 60-Day Notice with the SBA subsequently agreeing with the client's affirmative defenses and legal arguments. As a result, the SBA rendered a decision immediately terminating collection of the debt against the client's alleged personal guarantee liability saving her $50,000.
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.
The client personally guaranteed an SBA 7(a) loan for $150,000. His business revenue decreased significantly causing default and an accelerated balance of $143,000. The client received the SBA's Official 60-day notice with the debt scheduled for referral to the Treasury’s Bureau of Fiscal Service for aggressive collection in less than 26 days. We were hired to represent him, respond to the SBA's Official 60-day notice, and prevent enforced collection by the Treasury and the Department of Justice. We successfully negotiated a structured workout with an extended maturity date that included a reduction of the 14% interest rate and removal of substantial collection fees (30% of the loan balance), effectively saving the client over $242,000.
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