COMPROMISE OFFERS
BASIC CHECKLIST
Instructions for Presenting Offer:
The offer made in item 2 should be clear and concise. Dollar amounts be given first followed by an indication of any
concessions anticipated from the Agency (release of lien, etc.). Lump sum paym ent is the preferred method of
concluding a compromise settlement. Special requirements may apply to installment payment settlements (i.e.,
confess-judgment note, etc.).
Provide in Item 3, the basic reasons as to why a compromise settlement is necessary.
Provide, as an attachment hereto, a reasonably current, complete, sworn statement of income and expenses on SBA
Form 770, "Financial Statement of Debtor, All transfers and/or acquisitions of real property and major items of personal
property since the date the debt to SBA was created must be itemized. Show names and addresses of transferees,
relationship to obligor (if any) and the type, amount and disposition of any consideration received.
In case referred by the Department of Justice, a copy of DOJ Form DJ-35, "Financial Statement of Debtor" may be utilized
instead of the aforesaid SBA Form 770. In such cases, a statement of any beneficiary status under a pending
inheritance or an established trust should be included as an attachment thereto.
Elements of a Workable Compromise Offer:
1. Amount offered bears a reasonable relationship to the net amount recoverable through enforced collection.
2. No fraud or misrepresentation.
3. Full disclosure of financial capacity of obligor(s) has been made (SBA Form 770, etc.).
4. Borrower has ceased operations and all business collateral (assets) has been liquidated.
5. Participating bank, if any, concurs in the action.
6. Valuations provided for realty mortgaged to SBA or subject to judgment by SBA are supported.
7. Source of funds for payment of the offer clearly identified.
The items identified above are for general information and are provided primarily to assist in the proper development of a
compromise package. While most cases can be decided using this "generally applicable" information, the Agency is not limited
to these factors in any given matter.