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Eligible Loans and Debts in the Complete COVID Collections Act

Explore the Complete COVID Collections Act's impact on pandemic-era loan collections, focusing on small businesses, transparency, and economic recovery efforts.

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Have you ever considered how the Complete COVID Collections Act is shaping the landscape of loan and debt repayment for small businesses affected by the pandemic? This question is at the forefront of many business owners' and legal professionals’ minds as they navigate the complexities of post-pandemic financial obligations. The Complete COVID Collections Act serves as a keystone in ensuring that collections on specific loans continue unabated, thereby influencing both the macroeconomic stability and individual business recovery. As we delve into this legislation, it is crucial to dissect its provisions, the roles of different government agencies, and the legislative intent behind its enactment.

Eligible Loans and Debts in the Complete COVID Collections Act
The Provisions of the Complete COVID Collections Act

The Provisions of the Complete COVID Collections Act

The Complete COVID Collections Act offers a structured approach to managing loan collections related to pandemic relief efforts, with specific emphasis on small businesses.

Loan Collection During COVID-19

The Act explicitly prohibits the suspension of collections on specific loans guaranteed under particular provisions of the Small Business Act. This is especially pertinent for loans disbursed during the COVID-19 pandemic. The rationale behind this is to ensure continued economic stability and the return of funds into the federal system, which were initially provided as a relief measure to businesses attempting to survive the unprecedented economic challenges posed by the pandemic.

Referral of Claims

For loans under $100,000, the Act necessitates that the Small Business Administration (SBA) refers these claims to the Department of the Treasury for collection action. This provision is intended to streamline the debt recovery process and ensures that even smaller loans, which cumulatively represent a significant financial outlay, are systematically addressed. The aim is to aid in the efficient collection of debts without overwhelming small businesses with unsustainable repayment demands.

Monthly Updates

A dynamic component of the Act is the monthly briefings that the SBA Administrator must provide to Congress. These updates are critical in maintaining transparency and accountability, ensuring that Congress is continually informed of the progress in loan collections and related activities. This element of oversight is vital in adapting legislative measures to evolving financial realities.

Fraud Enforcement

The Act establishes a 10-year limitation for initiating criminal or civil actions related to fraudulent activities concerning loans or grants allocated under COVID-19 relief programs. This long-term horizon for legal recourse indicates a robust approach to deterring and addressing fraud, thereby protecting the integrity of public funds allocated for pandemic relief.

Data Transparency

Transparency is further enhanced by requiring the Pandemic Response Accountability Committee to maintain real-time data on funds recovered by the Federal government. This provision facilitates better public access to data, enabling independent assessments of recovery efforts and ensuring that governmental actions remain open to scrutiny.

Key Definitions in the Act

Understanding the terminology used within the Act is crucial for comprehending its application and implications.

Covered Loan

The term "Covered Loan" includes any loans guaranteed under specific sections of the Small Business Act and those concerning COVID-19 economic injury. Such loans were initiated to help businesses weather the economic downturn caused by the pandemic and are now a focus area for collection efforts under the Act.

Covered Programs

Covered Programs refer to the various loan and grant initiatives established under COVID-19 relief legislation, including high-profile initiatives like the Paycheck Protection Program and grants to support shuttered venues and restaurants. The precise coverage means that the Act specifically targets programs designed to aid sectors hit hardest by the pandemic, aligning repayment efforts with the initial scope of these programs.

Oversight and Reporting

Effective oversight and transparent reporting mechanisms are pivotal to the implementation of the Complete COVID Collections Act.

Inspections and Reports

The Act enables improved coordination between the SBA and the Inspector General, focusing on accurate reporting and oversight of COVID-19 relief programs. This collaboration ensures that discrepancies or inefficiencies in the reporting process are quickly identified and remedied to uphold the integrity of loan collection operations.

Monthly Reports from Attorney General

The Attorney General is required to report monthly to Congress on prosecutorial actions pertaining to the covered programs. These reports include metrics on enforcement actions, providing Congress with a regular overview of legal efforts to resolve fraudulent or non-compliant loan activities, ensuring that justice and preventive measures are aligned with the Act’s goals.

Legislative Intent

At the core of the Complete COVID Collections Act lies a clear legislative intent to maintain financial accountability.

Supporting Small Business Stability

The primary goal is to ensure that loans issued during the pandemic to support small businesses are effectively collected. By doing so, the Act contributes to a stable COVID-19 recovery framework, recognizing the intertwined nature of small businesses' health and broader economic recovery.

Enhancing Financial Accountability

The focus on maintaining strict collection protocols reflects a commitment to safeguarding public resources. The anticipation is that, by instigating diligent recovery measures, public funds disbursed rapidly during the pandemic are returned in a manner that secures future governmental financial interventions.

Fostering Transparency and Trust

Through comprehensive data transparency and systematic reporting, the Act fosters an environment of trust and accountability. Stakeholders, ranging from policymakers to the general public, can gain confidence that the funds intended to support pandemic recovery are being managed with due diligence and responsibility.

Conclusion: Navigating the Complete COVID Collections Act

Understanding the intricacies of the Complete COVID Collections Act is an essential task for those navigating the post-pandemic financial landscape. Whether you are a small business owner facing loan collections or a legal professional assisting in these matters, the Act provides a framework bound by transparency, accountability, and diligent resource management. Each provision, from loan collection stipulations to the enforcement of fraud penalties, is designed to strengthen the economic resurgence of businesses nationwide, ensuring that pandemic relief serves its intended purpose without compromising future fiscal resilience.

Frequently Asked Questions

$750,000 SBA 7A LOAN – NEGOTIATED WORKOUT AGREEMENT

$750,000 SBA 7A LOAN – NEGOTIATED WORKOUT AGREEMENT

Client’s small business obtained an SBA 7(a) loan for $750,000.  She and her husband signed personal guarantees exposing all of their non-exempt income and assets. With just 18 months left on the maturity date and payment on the remaining balance, the Great Recession of 2008 hit, which ultimately caused the business to fail and default on the loan terms. The 7(a) lender accelerated and sent a demand for full payment of the remaining loan balance.  The SBA lender’s note allowed for a default interest rate of about 7% per year. In response to the lender's aggressive collection action, Client's husband filed for Chapter 7 bankruptcy in an attempt to protect against their personal assets. However, his bankruptcy discharge did not relieve the Client's personal guarantee liability for the SBA debt. The SBA lender opted to pursue the SBA 7(a) Guaranty and subsequently assigned the loan and the right to enforce collection against the Client to the SBA. The Client then received the SBA Official 60-Day Notice. After conducting a Case Evaluation with her, she then hired the Firm to respond and negotiate on her behalf with just 34 days left before the impending referral to Treasury. The Client wanted to dispute the SBA’s alleged debt balance as stated in the 60-Day Notice by claiming the 7(a) lender failed to liquidate business collateral in a commercially reasonable manner - which if done properly - proceeds would have paid back the entire debt balance.  However, due to time constraints, waivers contained in the SBA loan instruments, including the fact the Client was not able to inspect the SBA's records for investigation purposes before the remaining deadline, Client agreed to submit a Structured Workout for the alleged balance in response to the Official 60-Day Notice as she was not eligible for an Offer in Compromise (OIC) because of equity in non-exempt income and assets. After back and forth negotiations, the SBA Loan Specialist approved the Workout proposal, reducing the Client's purported liability by nearly $142,142.27 in accrued interest, and statutory collection fees. Without the Firm's intervention and subsequent approval of the Workout proposal, the Client's debt amount (with accrued interest, Treasury's statutory collection fee and Treasury's interest based on the Current Value of Funds Rate (CVFR) would have been nearly $291,030.

$1,200,000 SBA 7A LOAN - SBA OHA LITIGATION

$1,200,000 SBA 7A LOAN - SBA OHA LITIGATION

Client personally guaranteed an SBA 7(a) loan to help with a relative’s new business venture.  After the business failed, Treasury was able to secure a recurring Treasury Offset Program (TOP) levy against his monthly Social Security Benefits based on the claim that he owed over $1.2 million dollars. We initially submitted a Cross-Servicing Dispute, but then, prepared and filed an Appeals Petition with the SBA Office of Hearings and Appeals (SBA OHA).  As a result of our efforts, we were able to convince the SBA to not only terminate the claimed debt of $1.2 million dollars against our client (without him having to file bankruptcy) but also refund the past recurring amounts that were offset from his Social Security Benefits in connection with the TOP levy.

$310,000 SBA 7A LOAN - SBA OIC TERM WORKOUT

$310,000 SBA 7A LOAN - SBA OIC TERM WORKOUT

Client personally guaranteed an SBA 7(a) loan for $100,000 from the lender. The SBA loan went into early default in 2006 less than 12 months from disbursement. The SBA paid the 7(a) guaranty monies to the lender and subsequently acquired the deficiency balance of about $96,000, including the right to collect against the guarantor. However, the SBA sent the Official 60-Day Due Process Notice to the Client's defunct business address instead of his personal residence, which he never received. As a result, the debt was transferred to Treasury's Bureau of Fiscal Service where substantial collection fees were assessed, including accrued interest per the promissory note. Treasury eventually referred the debt to a Private Collection Agency (PCA) - Pioneer Credit Recovery, Inc. Pioneer sent a demand letter claiming a debt balance of almost $310,000 - a shocking 223% increase from the original loan amount assigned to the SBA. Client's social security disability benefits were seized through the Treasury Offset Program (TOP). Client hired the Firm to represent him as the debt continued to snowball despite seizure of his social security benefits and federal tax refunds as the involuntary payments were first applied to Treasury's collection fees, then to accrued interest with minimal allocation to the SBA principal balance.

We initially submitted a Cross-Servicing Dispute (CSD) challenging the referral of the debt to Treasury based on the defective notice sent to the defunct business address. Despite overwhelming evidence proving a violation of the Client's Due Process rights, the SBA still rejected the CSD. As a result, an Appeals Petition was filed with the SBA Office of Hearings & Appeals (OHA) Court challenging the SBA decision and its certification the debt was legally enforceable in the amount claimed. After several months of litigation before the SBA OHA Court, our Firm Attorney successfully negotiated an Offer in Compromise (OIC) Term Workout with the SBA Supervising Trial Attorney for $82,000 spread over a term of 74 months at a significantly reduced interest rate saving the Client an estimated $241,000 in Treasury collection fees, accrued interest (contract interest rate and Current Value of Funds Rate (CVFR)), and the PCA contingency fee.

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