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About Ethan W. Smith

Best Practices: Meeting the Burden of Proof in SBA Guaranty Purchase Requests

In the American criminal justice system, defendants benefit from a presumption of innocence—a principle rooted in the Fifth and Fourteenth Amendments and cemented in public consciousness through media…
  • April 8, 2025
  • Ethan W. Smith

Best Practices: Refinancing MCA Debt

A current hot topic in SBA lending has been whether Merchant Cash Advance (“MCA”) debt is eligible for refinancing under SBA’s 7(a) guidelines.  The growing demand to refinance…
  • December 10, 2024
  • Ethan W. Smith

Best Practices: Do What You Do… as Long as it is Prudent!

“Experience is what you get when you didn't get what you wanted.” Randy Pausch, The Last Lecture Since August 1, 2023, SBA lenders have been instructed by the…
  • August 21, 2024
  • Ethan W. Smith

Best Practices: Active Businesses

It is a fundamental tenet of SBA lending that businesses must be “active” small businesses to be eligible to receive SBA guaranteed loans.  SBA lenders should ensure that…
  • April 17, 2024
  • Ethan W. Smith

Best Practices: SOP 50 10 7.1- Three Key Takeaways

Yesterday the U.S. Small Business Administration (“SBA”) released Standard Operating Procedure 50 10 7.1 (the “SOP”).  The SOP was issued in lieu of the announced but unissued Technical…
  • October 25, 2023
  • Ethan W. Smith

Best Practices: Don’t Skimp on SBA Eligibility Determinations

“If you keep your eye on the profit, you're going to skimp on the product. But if you focus on making really great products, then the profits will…
  • September 6, 2023
  • Ethan W. Smith
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