Tax Advisory

SBA Loan Debt Relief: EIDL & PPP

Navigating EIDL & PPP Loan Challenges: Your Options for Relief

During the pandemic, Economic Injury Disaster Loans (EIDL) and Paycheck Protection Program (PPP) loans played a pivotal role in supporting businesses. However, managing these loans can become complex, especially when financial difficulties arise.

Understanding EIDL Loans

EIDL loans, administered by the Small Business Administration (SBA), serve as federal aid aimed at helping businesses recover from economic setbacks following declared disasters. Unlike traditional loans, EIDL assistance focuses on alleviating economic injury rather than physical damage. Businesses affected by events like the COVID-19 pandemic could apply for these loans to address financial strains.

Default Consequences

Should a business fail to meet its EIDL loan obligations, default consequences can be severe:

  • Risk of collateral seizure
  • Potential asset seizure of loan guarantors
  • Issuance of a demand letter for payment by the SBA
  • Legal action by the SBA
  • Negative impact on business and personal credit reports
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Navigating Default

Despite the challenges posed by default, businesses have avenues to address their situation. Offering partial payments as a gesture of goodwill can sometimes mitigate further actions. However, preparing for potential legal proceedings is crucial. Seeking legal counsel specialized in SBA matters can provide invaluable guidance. Businesses  have options when it comes to resolving loan default including, loan deferment and repayment, filing for a hardship . 

Loan Deferment and Repayment

For businesses struggling with repayment, the SBA offers loan deferment options, extending the initial payment due dates. However, interest continues to accrue during deferment, prompting consideration of voluntary payments where feasible.

Installment Agreements

While resembling loan modification, an installment payment plan differs in that it doesn't alter the fundamental terms of your SBA loan. Instead, it restructures your payment schedule to better suit your financial circumstances. Our attorneys will conduct a thorough financial evaluation to determine a manageable monthly payment, ensuring you can fulfill your obligations without undue strain. Once a proposed plan is formulated, we advocate on your behalf, presenting it to the SBA and negotiating a payment schedule tailored to your capacity to repay.

Loan Deferment or Forbearance Options

Deferment involves temporarily delaying loan payments, whereas forbearance entails reducing or suspending payments for a specific period. While both options offer temporary relief, it's crucial to grasp the long-term implications. Upon determining the most suitable option for your circumstances, we engage in negotiations with the SBA to temporarily pause or lessen your payments. Our aim is to structure this interim relief in a manner that prevents further financial strain.

Bankruptcy Relief

When all other options have been exhausted, our bankruptcy attorneys can explore the possibility of discharging your SBA loan through bankruptcy proceedings. The outcome and ramifications, however, hinge on whether the bankruptcy is filed personally or for the business.

  • Personal Bankruptcy: If you've provided a personal guarantee for the loan, opting for personal bankruptcy may discharge your obligation to repay. This route is advantageous if your personal assets are vulnerable. However, it's essential to note that while your personal liability may be relieved, the business remains liable, allowing the SBA to pursue debt recovery from business assets.
  • Business Bankruptcy: When contemplating business bankruptcy, the viability of sustaining operations becomes paramount. Factors such as business structure, assets, liabilities, and cash flow are pivotal in determining whether restructuring (Chapter 11) or liquidation (Chapter 7) is the most suitable. Our team will file your bankruptcy petition and advocate for your interests during the case. We strive to create relief during the bankruptcy reorganization plan process and negotiate terms that allow the business to continue, all the while safeguarding the long-term financial well-being of both you and your business.

Statute of Limitations

Businesses should also be aware of the statute of limitations regarding default lawsuits. While there's a time limit for filing such suits, the SBA retains the right to pursue collections through other means such as federal payment offsets, indefinitely.  

Seeking Professional Assistance

Given the complexity of managing delinquent or defaulting EIDL loans, seeking professional legal assistance is advisable. Law firms specializing in SBA matters can provide nationwide representation and expertise in negotiating settlements and resolving debt disputes.

At Frost Law, we specialize in assisting businesses facing EIDL loan challenges. Our team provides comprehensive support to navigate the complexities of debt resolution. With a focus on safeguarding our clients' financial interests and preventing bankruptcy or foreclosure, our attorneys are authorized to represent federal debtors nationwide.

To address your Treasury or SBA debt concerns effectively, contact Frost Law today for a personalized case evaluation call us at (410) 497-5947 or schedule a confidential consultation.

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