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The SBA Collection Wave: Reading the Note, Guarantee, and Security Agreement Before the Offset Notice

A Treasury demand or offset notice lands and the client asks what SBA can actually take. Sort the matter into the right enforcement track, test the guarantee and the UCC-1 for defects, and counsel on workout, offset, or bankruptcy.

2026-09-23 12:00:00

Program Details

2026-09-23 12:00:00

Program Details

2026-09-23 12:00:00

Over 1,000+ webinars

2026-09-23 12:00:00

Course Overview

SBA Never Perfected. Treasury Does Not Need It To

2026-09-23 12:00:00

The COVID EIDL portfolio has moved from servicing to collection. SBA OIG Report 25-23, issued August 12, 2025, examined more than $47 billion in charged-off loans. It found no delinquent COVID EIDL referred to the Department of Justice for litigation. The demand letters arrive anyway, and they arrive from Treasury.

A file moves to Treasury cross-servicing and the negotiating window closes. A guarantee is enforced and an owner’s salary is offset. A UCC-1 lapses and the SBA claim bifurcates under § 506(a). A deposit account was never brought under control and § 544(a) is in play. A business closes and the tax and lien consequences outlast the loan.

You leave with a working method. Fix the borrower of record before reaching the guarantee. Test a UCC-1 for defects and lapse. Judge when an Offer in Compromise on SBA Form 1150 is still viable. Tell a client the difference between charge-off, forgiveness, and discharge. That judgment is the part no tool returns.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Borrower and Guarantee
Fix the borrower of record before reaching the guarantee, then test what SBA must actually produce to enforce a personal guarantee against the owner.
02
Security Agreement Scope
Read the EIDL Loan Authorization and Agreement against the $25,000 and $200,000 thresholds to fix the scope of the blanket lien on business assets.
03
Perfection and Defects
Separate Article 9 filing from control over deposit accounts under §§ 9-104 and 9-312(b)(1), and test the UCC-1 for lapse, collateral description, debtor name changes, and after-acquired property.
04
Treasury Collection Tools
Map what Treasury can deploy without a court order — salary offset, eligibility exposure, and the credit-reporting and referral gaps documented in OIG Report 25-23.
05
Workout or Wind-Down
Sort an operating business from a closing one, and time an Offer in Compromise on SBA Form 1150 against lien releases, subordination, and the close of the Treasury cross-servicing window.
06
Bankruptcy Placement
Place the matter in Subchapter V or Chapter 7 using § 506(a) bifurcation, § 544(a) avoidance, and § 363(f) sales free and clear — and name what bankruptcy does not fix.

Program schedule

clock 12:00 pm - 1:00 pm EST

Personal Liability on EIDL Loans: The Note, the Guarantee, and What SBA Can Prove

This session gives practitioners advising struggling businesses and their owners a working framework for the COVID EIDL borrower who arrives holding a Treasury demand letter or facing an unpayable balance. It covers how to determine who is actually liable on the loan, the ;different enforcement tracks; the administrative collection tools Treasury can deploy against an owner without a court order, including the salary offset and eligibility exposure that matter disproportionately to a federal employee and government contractor client base; the realistic resolution options for a business that is still operating versus one that is closing or already closed; and the tax and lien consequences that outlast the loan itself. By the end of this session, attendees will be able to sort an EIDL matter into the right track, identify what SBA can and cannot prove on personal liability, counsel a client on the difference between charge-off, forgiveness, and discharge, and recognize when the answer is a workout, a reorganization, a bankruptcy, or a conversation about what cannot be fixed.

Ashley F. MorganAshley F. Morgan
clock 1:10 pm - 2:10 pm EST

The EIDL Security Agreement: Perfection Defects, Lien Releases, and Workout Leverage

SBA OIG Report 25-23, issued August 12, 2025, documented what practitioners had suspected: on more than $47 billion in charged-off COVID EIDLs, SBA filed UCC financing statements but never took the further steps Article 9 requires to perfect in borrower deposit accounts, never executed control agreements, ran 88% of charged-off loans through liquidation in an average of three days, failed to report 95% of delinquent obligors to credit bureaus, and referred no delinquent COVID EIDL to the Department of Justice for litigation. This session turns those findings into a working method for evaluating what SBA actually holds against a business client. It covers the standard EIDL security agreement and the collateral thresholds that govern it, the difference between filing and control under Article 9, how to test a UCC-1 for defects and lapse, and how an undersecured or unperfected SBA position is treated when the business files — bifurcation under § 506(a), avoidance under § 544(a), and sale free and clear under § 363(f). It closes on leverage: the release and subordination mechanics a buyer’s counsel will insist on, the negotiating window that closes when the file moves to Treasury cross-servicing, and what a compromised collateral position is realistically worth at the table.

Mike AssadMike Assad
Ashley F. Morgan

Ashley F. Morgan

Ashley F. Morgan Law, PC

Mike Assad

Mike Assad

Law Office of Mike Assad, P.C

Ashley F. Morgan

Ashley F. Morgan

Ashley F. Morgan Law, PC

Ashley F. Morgan is a bankruptcy and debt attorney whose practice centers on government employees, business owners, and high-income households — the clients for whom a collection action carries consequences beyond the balance itself. She founded Ashley F. Morgan Law, PC, and works across creditor negotiations, tax debt resolution, and non-bankruptcy alternatives as well as Chapter 7 and Chapter 13 filings, building asset protection and financial strategy around what a client can actually carry. She practices in Virginia, appears before the U.S. Bankruptcy Court for the Eastern District of Virginia, and serves clients fluently in English and Spanish.

Education & Credentials

Ashley is admitted to the bar of the Commonwealth of Virginia. She is admitted to practice before the U.S. District Court, the U.S. Bankruptcy Court for the Eastern District of Virginia, and the U.S. Court of Appeals for the Fourth Circuit.

Recognition & Leadership

Ashley serves as President-Elect and a Board Member of the Northern Virginia Bankruptcy Bar Association, sits on the Board of Governors of the Bankruptcy Section of the Virginia State Bar and on the Bankruptcy Section Council of the Virginia Bar Association, and administers the EDVA Group for Consumer Bankruptcy Listserve. She has been named a SuperLawyers Rising Star (2021–2023 and 2026) and to Virginia Business Legal Elite, and has been recognized by Northern Virginia Magazine, Arlington Magazine, and Avvo Client Choice.

Professional Involvement

Ashley presents continuing legal education programs nationwide on bankruptcy, tax issues, and consumer financial strategy. She belongs to the National Association of Consumer Bankruptcy Attorneys, the American Bankruptcy Institute, the International Women’s Insolvency & Restructuring Confederation, and the American Bar Association Tax Section. Her commentary has appeared in Fortune, Forbes, U.S. News & World Report, Newsweek, HuffPost, Yahoo Finance, Credit Karma, and Refinery29.

Experience

Ashley’s practice runs to debt a client cannot carry and to the options that sit on either side of a filing: creditor negotiations, tax debt resolution, and non-bankruptcy alternatives, alongside Chapter 7 and Chapter 13 cases. That work is built around government employees, business owners, and high-income households, where asset protection and financial strategy shape the resolution as much as the debt itself. She serves clients from offices in Chantilly and Manassas, Virginia. DRAFT — composed from the speaker’s public firm profile; not yet speaker-approved. Converts to Tier-1 verbatim blue (#2E74B5) once the speaker returns approved bio text.
Mike Assad

Mike Assad

Law Office of Mike Assad, P.C

Mike Assad is a New Jersey and Pennsylvania bankruptcy attorney who represents individuals and small business owners in financial distress. He has represented individual and corporate debtors—and creditors—in reorganizations and liquidations across the U.S. Bankruptcy Court for the District of New Jersey and the Eastern, Middle, and Western Districts of Pennsylvania. His practice spans consumer Chapter 7 and Chapter 13 cases, small business reorganizations under Subchapter V of Chapter 11, foreclosure defense, debt consolidation, and student loan discharge litigation. Mike is known for a client-focused approach: the same attorney handles each case from the first call through filing, always reachable by a live person.

Education & Credentials

Mike earned his J.D. from Widener University Delaware Law School in 2019 and his B.A. from Thomas Edison State University in 2017. During law school, he worked as a research assistant on Smolla and Nimmer on Freedom of Speech, one of the most influential treatises on the First Amendment, and served as treasurer of the Youth Court Society. He is admitted to practice before the Supreme Courts of Pennsylvania and New Jersey; the U.S. District and Bankruptcy Courts for the Eastern, Middle, and Western Districts of Pennsylvania and the District of New Jersey; and the U.S. Court of Appeals for the Third Circuit.

Recognition & Leadership

Mike has helped shape how bankruptcy law works in the region. He currently serves as a Steering Committee Member and Consumer Education Chair of the Eastern District of Pennsylvania Bankruptcy Conference (2026–present), previously served on the Local Bankruptcy Rules Committee for the Eastern District of Pennsylvania (2024–2025), and served as Third Circuit Leader for the National Association of Consumer Bankruptcy Attorneys (2024–2026). He is a lecturer for the Pennsylvania Bar Institute and was named one of Atlantic City Weekly's Top 40 Under 40 in 2009.

Professional Involvement

Beyond his bar leadership and CLE lecturing, Mike brings a background in public service to his practice. In 2006, Absecon voters elected him to the local Board of Education—making him one of the youngest elected officials in New Jersey history—and he served seven years in public office, worked for the President of the New Jersey Senate, and advocated on legislation at every level of government. That experience of explaining a complicated system to people who do not work inside it carries directly into his client counseling. He also continues to judge his law school's biannual alternative dispute resolution competition, which he won as a student.

Experience

Mike's practice focuses on helping individuals and small businesses resolve debt they cannot carry—stopping debt collectors, lawsuits, repossessions, foreclosures, and wage garnishments—through Chapter 7, Chapter 13, and Subchapter V filings, as well as student loan discharge actions. When creditors break the rules, he pushes back: in In re Minarik (E.D. Pa., 2025), he recovered $20,000 for a client after an automatic stay violation, and in In re Heasley (E.D. Pa., 2025), he obtained Rule 9011 sanctions against a creditor. Serving clients throughout Pennsylvania and New Jersey largely by phone and Zoom, and with offices in Cherry Hill and Egg Harbor Township, New Jersey, and Philadelphia, Mike offers hands-on, accessible representation aimed at giving clients a genuine fresh start.
Ashley F. Morgan

Ashley F. Morgan

Ashley F. Morgan Law, PC

Ashley F. Morgan is a bankruptcy and debt attorney whose practice centers on government employees, business owners, and high-income households — the clients for whom a collection action carries consequences beyond the balance itself. She founded Ashley F. Morgan Law, PC, and works across creditor negotiations, tax debt resolution, and non-bankruptcy alternatives as well as Chapter 7 and Chapter 13 filings, building asset protection and financial strategy around what a client can actually carry. She practices in Virginia, appears before the U.S. Bankruptcy Court for the Eastern District of Virginia, and serves clients fluently in English and Spanish.

Education & Credentials

Ashley is admitted to the bar of the Commonwealth of Virginia. She is admitted to practice before the U.S. District Court, the U.S. Bankruptcy Court for the Eastern District of Virginia, and the U.S. Court of Appeals for the Fourth Circuit.

Recognition & Leadership

Ashley serves as President-Elect and a Board Member of the Northern Virginia Bankruptcy Bar Association, sits on the Board of Governors of the Bankruptcy Section of the Virginia State Bar and on the Bankruptcy Section Council of the Virginia Bar Association, and administers the EDVA Group for Consumer Bankruptcy Listserve. She has been named a SuperLawyers Rising Star (2021–2023 and 2026) and to Virginia Business Legal Elite, and has been recognized by Northern Virginia Magazine, Arlington Magazine, and Avvo Client Choice.

Professional Involvement

Ashley presents continuing legal education programs nationwide on bankruptcy, tax issues, and consumer financial strategy. She belongs to the National Association of Consumer Bankruptcy Attorneys, the American Bankruptcy Institute, the International Women’s Insolvency & Restructuring Confederation, and the American Bar Association Tax Section. Her commentary has appeared in Fortune, Forbes, U.S. News & World Report, Newsweek, HuffPost, Yahoo Finance, Credit Karma, and Refinery29.

Experience

Ashley’s practice runs to debt a client cannot carry and to the options that sit on either side of a filing: creditor negotiations, tax debt resolution, and non-bankruptcy alternatives, alongside Chapter 7 and Chapter 13 cases. That work is built around government employees, business owners, and high-income households, where asset protection and financial strategy shape the resolution as much as the debt itself. She serves clients from offices in Chantilly and Manassas, Virginia. DRAFT — composed from the speaker’s public firm profile; not yet speaker-approved. Converts to Tier-1 verbatim blue (#2E74B5) once the speaker returns approved bio text.
Mike Assad

Mike Assad

Law Office of Mike Assad, P.C

Mike Assad is a New Jersey and Pennsylvania bankruptcy attorney who represents individuals and small business owners in financial distress. He has represented individual and corporate debtors—and creditors—in reorganizations and liquidations across the U.S. Bankruptcy Court for the District of New Jersey and the Eastern, Middle, and Western Districts of Pennsylvania. His practice spans consumer Chapter 7 and Chapter 13 cases, small business reorganizations under Subchapter V of Chapter 11, foreclosure defense, debt consolidation, and student loan discharge litigation. Mike is known for a client-focused approach: the same attorney handles each case from the first call through filing, always reachable by a live person.

Education & Credentials

Mike earned his J.D. from Widener University Delaware Law School in 2019 and his B.A. from Thomas Edison State University in 2017. During law school, he worked as a research assistant on Smolla and Nimmer on Freedom of Speech, one of the most influential treatises on the First Amendment, and served as treasurer of the Youth Court Society. He is admitted to practice before the Supreme Courts of Pennsylvania and New Jersey; the U.S. District and Bankruptcy Courts for the Eastern, Middle, and Western Districts of Pennsylvania and the District of New Jersey; and the U.S. Court of Appeals for the Third Circuit.

Recognition & Leadership

Mike has helped shape how bankruptcy law works in the region. He currently serves as a Steering Committee Member and Consumer Education Chair of the Eastern District of Pennsylvania Bankruptcy Conference (2026–present), previously served on the Local Bankruptcy Rules Committee for the Eastern District of Pennsylvania (2024–2025), and served as Third Circuit Leader for the National Association of Consumer Bankruptcy Attorneys (2024–2026). He is a lecturer for the Pennsylvania Bar Institute and was named one of Atlantic City Weekly's Top 40 Under 40 in 2009.

Professional Involvement

Beyond his bar leadership and CLE lecturing, Mike brings a background in public service to his practice. In 2006, Absecon voters elected him to the local Board of Education—making him one of the youngest elected officials in New Jersey history—and he served seven years in public office, worked for the President of the New Jersey Senate, and advocated on legislation at every level of government. That experience of explaining a complicated system to people who do not work inside it carries directly into his client counseling. He also continues to judge his law school's biannual alternative dispute resolution competition, which he won as a student.

Experience

Mike's practice focuses on helping individuals and small businesses resolve debt they cannot carry—stopping debt collectors, lawsuits, repossessions, foreclosures, and wage garnishments—through Chapter 7, Chapter 13, and Subchapter V filings, as well as student loan discharge actions. When creditors break the rules, he pushes back: in In re Minarik (E.D. Pa., 2025), he recovered $20,000 for a client after an automatic stay violation, and in In re Heasley (E.D. Pa., 2025), he obtained Rule 9011 sanctions against a creditor. Serving clients throughout Pennsylvania and New Jersey largely by phone and Zoom, and with offices in Cherry Hill and Egg Harbor Township, New Jersey, and Philadelphia, Mike offers hands-on, accessible representation aimed at giving clients a genuine fresh start.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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Live stream programs

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Trusted by Legal Professionals

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Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs