Eligibility for Relief in the Complete COVID Collections Act: A Legal Perspective
Discover who qualifies for relief under the Complete COVID Collections Act. Explore eligibility, legal insights, and navigate requirements for small businesses today.
Explore the Complete COVID Collections Act, a key legislative measure ensuring loan accountability during pandemic recovery, reinforcing financial integrity for small businesses.

Have you ever wondered about the legislative measures in place to ensure the accountability of loans disbursed during the pandemic? In navigating the complexities of federal legislation, particularly regarding loans provided to businesses affected by the COVID-19 pandemic, the Complete COVID Collections Act emerges as a pivotal legal framework. This bill is instrumental in holding entities accountable and ensuring financial integrity as small businesses continue to recover from the economic impacts of the pandemic.

The Complete COVID Collections Act is a crucial piece of legislation focusing on the procedural and legal aspects of loan collections initiated during the pandemic. It specifically addresses loans granted under the Small Business Act and related COVID-19 relief programs. The primary objective of the Act is to prevent the suspension of collections on these loans, thereby ensuring financial accountability and integrity.
This Act was developed in response to the significant economic turmoil caused by the pandemic. As the federal government provided economic relief through loans to small businesses, there was a consequent need for effective collection mechanisms to manage these loans once businesses began to recover. By addressing both the distribution and repayment stages, the legislation safeguards public funds and ensures that the financial burden does not fall improperly on taxpayers.
Understanding the specific provisions of the Complete COVID Collections Act is essential for comprehending its full implications. Below, we delve into the major components of this Act and what they entail for small businesses and the broader economic landscape.
One of the most fundamental aspects of the Complete COVID Collections Act is its stance on the collection of loans that were guaranteed under the Small Business Act due to the pandemic. The bill explicitly prohibits the suspension of collections on these loans, ensuring that borrowers remain accountable for their repayment obligations even in economically challenging times. This provision is instrumental in maintaining the financial principles upon which these loan programs were originally founded.
To facilitate a seamless process for handling collections, the Act mandates that any claims related to loans under $100,000 be referred by the Small Business Administration (SBA) to the Department of the Treasury. This partnership underscores a streamlined, efficient approach to loan collections, reducing bureaucratic delays and ensuring that claims are addressed in a timely manner.
Loan Amount Referral Body <$100,000 Department of the Treasury
Through this mechanism, the bill aims to expedite the processing of small loan claims, thereby promoting efficient financial recovery processes.
The Complete COVID Collections Act imposes an obligation on the SBA Administrator to provide monthly briefings to Congress concerning the progress of loan collections. These updates are vital for maintaining transparency and ensuring that legislative and financial goals are met. The emphasis on regular communication highlights the importance of oversight in financial operations related to pandemic recovery.
Fraud during loan disbursement is a critical issue that the Complete COVID Collections Act addresses with a 10-year statute of limitations for filing both criminal and civil actions related to fraudulent activities involving pandemic relief loans or grants. This provision signals the government's firm stance on preventing and prosecuting fraud, safeguarding the integrity of relief funds, and protecting legitimate borrowers.
A component crucial to maintaining accountability, the Act mandates real-time data transparency. The Pandemic Response Accountability Committee is tasked with maintaining up-to-date records regarding funds recovered by the federal government from COVID-19 relief programs. This transparency not only bolsters public trust but also provides stakeholders with critical insights into the financial health and recovery efforts of pandemic-affected areas.
To comprehend the reach and implications of the Complete COVID Collections Act, it's essential to familiarize oneself with several key terms defined within the bill.
A "covered loan" encompasses those guaranteed under specific sections of the Small Business Act and loans associated with economic injuries caused by COVID-19. The inclusion of these loans under the Act's purview underscores the breadth of the legislation’s oversight and its intent to encapsulate all relevant financial aids granted during the pandemic.
Term Definition Covered Loan Loans guaranteed under the Small Business Act and related to COVID-19. Covered Programs Loan and grant programs established under COVID-19 relief legislation.
The term "covered programs" refers to various loan and grant initiatives formulated under COVID-19 relief legislation, such as the Paycheck Protection Program and grants for shuttered venues and restaurants. These definitions allow for a comprehensive application of the bill’s provisions across various economic relief measures.
Oversight and reporting are cornerstones of the Complete COVID Collections Act, designed to uphold transparency and encourage accurate, timely information dissemination involved in the recovery process.
The Act strengthens coordination between the SBA and the Inspector General, ensuring rigorous inspections and accurate reporting of COVID-19 relief programs. This collaborative effort is crucial in identifying and rectifying any discrepancies in loan collection practices, thereby promoting the efficient use of taxpayer dollars.
The Attorney General is entrusted with the responsibility of delivering monthly reports to Congress on legal actions taken concerning covered programs. These reports include metrics on prosecutions and enforcement actions, fueling transparency and demonstrating the government's commitment to regulatory compliance in the context of pandemic recovery.
The legislative intent behind the Complete COVID Collections Act is clear: maintain financial accountability and ensure that loans provided to fortify small businesses during the pandemic are efficiently managed and collected. This intent mirrors a broader goal of supporting the stability and recovery of the economic framework disrupted by COVID-19.
The Complete COVID Collections Act is an essential piece of legislation in the quest for post-pandemic economic recovery. By enforcing collections, safeguarding against fraud, and ensuring transparency and oversight, the Act provides a robust framework for managing COVID-19-related financial assistance. Understanding its intricacies and implications helps stakeholders—from small business owners to policymakers—navigate their responsibilities and strategize for the future in a world still grappling with the aftermath of an unprecedented global health crisis. As recovery continues, the Act stands as a testament to the government's resolve to ensure a stable and accountable economic landscape.

Client's small business obtained an SBA COVID EIDL for $301,000 pledging collateral by executing the Note, Unconditional Guarantee and Security Agreement. The business defaulted on the loan and the SBA CESC called the Note and Guarantee, accelerated the principal balance due, accrued interest and retracted the 30-year term schedule.
The loan was transferred to the Treasury's Bureau of Fiscal Service which resulted in the statutory addition of $90,000+ in administrative fees, costs, penalties and interest with the total debt now at $391.000+. Treasury also initiated a Treasury Offset Program (TOP) levy against the client's federal contractor payments for the full amount each month - intercepting all of its revenue and pushing the business to the brink of bankruptcy.
The Firm was hired to investigate and find an alternate solution to the bankruptcy option. After submitting formal production requests for all government records, it was discovered that the SBA failed to send the required Official 60-Day Pre-Referral Notice to the borrower and guarantor prior to referring the debt to Treasury. This procedural due process violation served as the basis to submit a Cross-Servicing Dispute to recall the debt from Treasury back to the SBA and to negotiate a reinstatement of the original 30-year maturity date, a modified workout, cessation of the TOP levy against the federal contractor payments and removal of the $90,000+ Treasury-based collection fees, interest and penalties.

Clients obtained an SBA 7(a) loan for $324,000 to buy a small business and its facility. The business and real estate had an appraisal value of $318,000 at the time of purchase. The business ultimately failed but the participating lender abandoned the business equipment and real estate collateral even though it had valid security liens. As a result, the lender recouped nearly nothing from the pledged collateral, leaving the business owners liable for the deficiency balance. The SBA paid the lender the 7(a) guaranty money and was assigned ownership of the debt, including the right to collect. However, the clients never received the SBA Official 60-Day Notice and were denied the opportunity to negotiate an Offer in Compromise (OIC) or a Workout directly with the SBA before being transferred to Treasury's Bureau of Fiscal Service, which added an additional $80,000 in collection fees. Treasury garnished and offset the clients' wages, federal salary and social security benefits. When the clients tried to negotiate with Treasury by themselves, they were offered an unaffordable repayment plan which would have caused severe financial hardship. Clients subsequently hired the Firm to litigate an Appeals Petition before the SBA Office & Hearings Appeals (OHA) challenging the legal enforceability and amount of the debt. The Firm successfully negotiated a term OIC that was approved by the SBA Office of General Counsel, saving the clients approximately $205,000.

Our firm successfully resolved an SBA COVID-19 Economic Injury Disaster Loan (EIDL) default in the amount of $150,000 on behalf of Illinois-based client. After the business permanently closed due to the economic impacts of the pandemic, the owners faced potential personal liability if the business collateral was not liquidated properly under the SBA Security Agreement.
We guided the client through the SBA’s Business Closure Review process, prepared a comprehensive financial submission, and negotiated directly with the SBA to release the collateral securing the loan. The borrower satisfied their collateral obligations with a payment of $2,075, resolving the SBA’s security interest.