Preparing a Litigation Plan
View the Litigation Plan as a fillable Word document.
Litigation Plan
SBA Borrower:
SBA Loan Number(s):
Lender:
Lender Address:
Lender Contact:
Telephone Number:
Fax Number:
Attorney:
Law Firm:
Address:
Telephone Number:
Fax Number:
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WHAT COURT ACTION DO YOU WISH TO TAKE?
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(Include name and location of court, and any other services you want your attorney to perform.)
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WHAT IS YOUR STRATEGY IN THIS MATTER?
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(Will a trial or evidentiary hearing be required? Are expert witnesses needed?)
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DO YOU HAVE ANY NON-SBA GUARANTEED LOANS TO THE BORROWER(S), GUARANTOR(S), OR PRINCIPALS?
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(List balance, loan status, obligors, and collateral – including lien position for each loan.)
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WHAT IS THE ESTIMATED RECOVERY AMOUNT?
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IS THERE A RISK OF ADVERSE PRECEDENT?
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(Describe any litigious issues you know about.)
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ARE THERE ANY CONFLICTS OF INTEREST, ACTUAL OR POTENTIAL, BETWEEN SBA AND LENDER OR LENDER’S LAW FIRM?
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(Attach statement from law firm concerning conflict of interest.)
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IS ALTERNATIVE DISPUTE RESOLUTION FEASIBLE?
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ARE THERE ANY SETTLEMENT ALTERNATIVES?
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WHEN WILL THE LITIGATION BE COMPLETED?
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WHAT IS THE LEGAL BUDGET?
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Total estimated fees and costs: $
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LEGAL FEES
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Total estimated Legal Fee: $
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Method of Billing: (circle one) Hourly rate Flat fee Contingent fee
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If billing is hourly, list hourly rate for each attorney and paralegal who may work on this litigation.
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COSTS
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Total estimated costs: $
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Itemize costs anticipated to be in excess of $100. (For example, expert witness fees, appraisals or title reports.)
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Should there be a pro-rata allocation of legal fees and recovery between your loan(s) and the SBA guaranteed loan(s)? If so, please describe and explain your proposal.
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PROMPTLY SUBMIT THE COMPLETED LITIGATION PLAN* AND COPIES OF ALL PLEADINGS AND LEGAL BILLS TO:
U.S. SMALL BUSINESS ADMINISTRATION
LEGAL DIVISION
1145 Herndon Parkway
Herndon VA, 20170
* Please note: An amended Litigation Plan must be submitted if your strategy changes or the fees and costs exceed your estimate by 15% or more.