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Help With SBA Offer In Compromise
by DLA, Performer
- Created: August 19, 2012, 3:27 pm
- Updated: April 17, 2013, 10:05 pm
I was recently assisting a client with their Offer In Compromise package. As
sometimes happens, I asked my client for a number of documents that I knew
that bank would ask for, and over a couple of weeks the documents were
emailed to me in drips and drabs. I never understand why clients don't make
assembling important documentation a priority, considering that there are
tens or hundreds of thousands of dollars on the line. The problem, you see,
is that the SBA wants all the information for a reason. The reason is that
when you combine all of the information, it paints a fairly comprehensive
picture of the borrowers financial situation, so if I don't have all the
info, there may be a crucial piece of the puzzle that I don't find out about
until the very end.
In my recent client's case, the bank already had a judgment against them, so
time was of the essence since many banks will attempt to execute on a
judgment as quickly as the law allows. For that reason, I was anxious to get
the settlement submitted. My clients were not able to get their proof of
income quickly , so we decided to submit the settlement offer without tax
returns or proof of income because it was unclear how long it would take to
get those items. As expected, after I submitted the OIC, the bank came back
and requested 2011 personal tax returns. They were on extension (not
uncommon), and in such cases we provide W2s instead. So after the personal
financial statement had already been submitted, my client sent me his W2
which showed a huge amount of income from the prior year. Since they had many
debts and expenses associated with their defunct business, we were able to
piece together a spreadsheet that demonstrated where all the money went
(showing why they didn't have much to offer right now). The problem was that
much of the money was spend on "discretionary" items like vacations, toys,
and eating out. When a lender sees that, their first thought is "wow, you
owed us $500,000, and you decided to spend $15,000 on a vacation?". This rubs
banks the wrong way, and could be used against you since they can argue that
your offer was not made in good faith.
As it turned out, a large part of the W2 was bonus, with the rest being in
the form of salary. The problem was that the salary he earned didn't match
the salary my client had written on his personal financial statement. That,
my friends, presents a problem too. Now we are in a position to go back an
revise the PFS that's already been submitted. This means we will potentially
be revising the offer to account for higher income.
So what lessons can be learned here:
1) When you hire an advisor and time is of the essence, sending your
documentation promptly will ensure that the settlement strategy will put in
place without the worry of surprises (like a huge W2 from last year, or a
sizable asset that you forgot to mention). The worst thing that can happen is
to submit information on a personal financial statement that can't be
supported. If you indicate that you make $5,000 per month, but your paystub
later shows that you make $10,000 per month, that presents a major problem.
2) When you owe a bank (or anyone, for that matter) money, keep in mind that
the expectation is that you are going to make a settlement offer because you
are experiencing financial hardship. Spending your cash on things that you
could clearly have lived without indicates to the bank that you could have
offered more money, but you made the conscious decision to spend it on
non-essential purchases. Feel free to contact me with any questions...my
contact info is in my user profile.
SBA Community

agleason | Window Shopper | 3/22/2013 - 3:42 pm
SBA-backed loans and I couldn't agree more. I am stunned at the amount of
hours spent trying to collect documents that are truly the tools we use to
help these people. Would you expect your tax preparer to file without any
proof of the numbers being supplied? DLA hits the point precisely, having to
go back and change an offer is detrimental, but he missed one critical factor
that is being used to calculate your offer. Character is a critical factor.
The SBA is not watching to see if you give up your seat on the bus so an
elderly woman can avoid having to stand, but they do use character in their
choice of accepting an offer or not. You sign the SBA 770 and 1150 forms
under penalties of perjury and these are the two core documents. If they
cannot be sure you are being honest, or you fail to present a substantial and
valid set of supporting documents, they will have no choice but to use FMS,
the collection arm of the US Treasury to legal extract your full value. The
bottom line is an Offer is a favor, you owe the debt and they are deciding if
there is a reason you CANNOT facilitate payment. It is a good plan to
downsize your life expenses as best you can. Showing $3,000.00 in excess cash
flow monthly will mean a higher offer than a negative Monthly Operating
Statement, but getting caught with clearly misrepresented numbers will cost
you, sometimes tens of thousands of dollars in the end.
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