May 14, 2013 |

Bankruptcy and the SBA Loan – Five Issues You Must Know

Presented By:Coleman Report

Date:May 14, 2013

Time:11:59 pm


Instructors:  Greg T. Kupniewski & Ethan W. Smith

For more information about this event and/or to register for this event, please click here.

A borrower’s bankruptcy is a common occurrence for workout specialists. However, if the loan is an SBA 7(a) or 504 loan, an added layer of complexity exists for the lender.

The lender must not only comply with all bankruptcy laws and regulations, but must also follow SBA’s rules and standard operating procedures to ensure payment of the federal government guaranty.

Starfield and Smith’s, Greg Kupniewski will discuss in detail the five common bankruptcy issues SBA lenders must know when liquidating the loan.

1) Automatic Stay Issues

Automatic stay 101 definitions
The importance of the borrower site visit
How to document the site visit
What type of notification does SBA require?
What are the type of actions that are enjoined?
How does the automatic stay affect the borrower?
How does the automatic stay affect the guarantors?
How does the automatic stay affect affiliates?

2) Companion Loans

What must you do when your SBA borrower has a non-SBA loan with your institution?
How do you apportion costs between the loans?
How to apply distributions?
What type of approvals must you obtain from SBA?
What type of reports must you prepare for SBA?

3) Filing Proofs of Claims

Filing proofs of claims 101
How must SBA be notified?
What are the jurisdictional concerns?

4) Credit Bidding

Credit Bidding 101
When do I need SBA’s approval for a bid?
How to I obtain SBA’s approval for a bid?
What do you do if you don’t like SBA’s answer?
What are the reporting requirements to SBA?

5) Plan Voting

Plan Voting 101
How SBA must be notified.
When is SBA’s prior approval required?

Who Should Attend?

Chief Credit Officers
SBA Department Managers
SBA Loan Workout Specialists
SBA Loan Collection Personnel
SBA Loan Servicing Personnel
Commercial Loan Workout Specialists
This webinar is rated “INTERMEDIATE” for the attendees.

Coleman’s Webinar level of instruction guide:

ELEMENTARY — The webinar assumes the audience has no experience in the topic.

BASIC — The webinar is for small business lenders who have some experience in the topic. The webinar is designed as the Topical 101 course. This is the appropriate level of instruction for managers who oversee the function.

INTERMEDIATE — The webinar solves an unique problem for the small business lending professional. A strong working knowledge of the subject matter is recommended.

EXPERT — The webinar discusses detailed, technical and advanced topics for the well-seasoned professional. A strong working knowledge of the subject matter is a must.

Certificates of Participation

All Coleman Webinar attendees will receive a certificate of participation. This documents your continuing education history for your regulators. Also, this documents the answer for SBA’s Review question of continuing staff education.

We will automatically forward a certificate of participation for those who are registered to attend the webinar via Go-to-Webinar.

If you have purchased the unlimited site license and would like certificates for all who attend, please forward their names and email addresses to She will email the certificates to you.