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Offer in compromise before Treasury
by Harry Greenhouse, Window Shopper
- Created: October 16, 2012, 6:03 pm
I thought I'd share some wisdom with the community after working on hundreds
of SBA workouts first hand. If your SBA loan is in default and you are
working with your creditor to wind down the business and settle the
deficiency with an offer in compromise, time is of the essence.
Recently it has become apparent that banks will not wait much longer than
60-90 days after the defaulted borrower (business) has been liquidated or
shut down to accept an OIC which releases the guarantors from the deficiency.
After this period of time in which no OIC has been submitted, the bank will
submit the file to US Department of Treasury for collection.
Treasury rarely collects on these bad loans directly, rather they hire third
party collection agencies to handle this. These collection agencies don't
know anything about the history behind the loan, their job is to be ruthless
in their collection endeavors. One such company, Pioneer Credit Recovery, is
particularly nasty, and rarely settles for less than 50% of the outstanding
amount. Contrast that with the results I've seen by working directly with the
lender/SBA and it's easy to see the importance of addressing your outstanding
SBA loan sooner rather than later, whether you're working with a consultant,
attorney, or attempting it yourself. If you think your banker is nasty or
difficult to work with, you don't want to see the tactics of these collection
agencies..
SBA Community

DLA | Performer | 10/17/2012 - 8:29 pm
impossible to settle with if you have a significant loan balance. My business
focuses exclusively on SBA debt workouts, and one thing that I'd clarify is
that the file doesn't always go straight to the US Treasury once the bank
closes their file. Quite often, the file will first go to the SBA, and the
SBA will attempt to collect the debt. They usually give 60 days for the
borrower to make a settlement offer.
agleason | Window Shopper | 11/30/2012 - 12:54 pm
Let me elaborate a little further, as I specialize for Second Wind
Consultants in Treasury and OIC cases.
You are correct, the SBA services a debt for 60 days from when the
notification letter of your case being forwarded to the Treasury is mailed,
irrespective of if you receive it.
The Birmingham, AL office of the SBA services your file during that period in
what is called the Treasury Offset Division. They do not actively handle
files other than processing unless an offer or some other type of
communication is sent to them.
Generally they are excellent to work with and have helped both Harry and I
handle a number of cases, sometimes for far less than the lender was
requiring, to obtain offer acceptance.
I have never seen the Birmingham office actively attempt to collect a debt
during the interim period, but they do have the right to pursue collection if
they choose.
I hope this helps.
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