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Program Details
2026-09-23 12:00:00
Over 1,000+ webinars
Course Overview
2026-09-23 12:00:00
2h CLE Credits
Intermediate
2
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.
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.
Ashley F. Morgan Law, PC
Law Office of Mike Assad, P.C
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.
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.
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.
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.
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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