For business owners who have defaulted on an SBA-guaranteed loan and whose business has failed and ceased operations, there is a formal process that can lead to resolving the debt for less than the full amount owed. This is called an Offer in Compromise (OIC). It is not forgiveness—it's a settlement—and it is a last resort, not a first option.
The SBA will only consider an OIC when it's clear the borrower does not have the ability to repay the debt in full. The process is rigorous and requires extensive documentation. To submit an OIC, the borrower must provide:
1. A written narrative: Explaining why the OIC is being requested, what happened to the business, and the source of the funds for the offer.
2. SBA Form 1150: Offer in Compromise.
3. SBA Form 770: Financial Statement of Debtor, detailing all personal assets, income, and liabilities.
4. Supporting Financial Documents: This includes recent tax returns, bank statements, pay stubs, and appraisals of any significant assets.
The SBA evaluates the OIC based on the borrower's maximum ability to pay. They analyze your financial statements to determine a reasonable collection potential. The offer must be a credible amount that is more than the SBA could expect to collect through forced means (like wage garnishment or asset seizure). An accepted OIC resolves the debt, but it is a complex legal and financial process that often benefits from professional guidance.