Are Shareholders Liable for a Default on an SBA Loan?
Explore shareholder liability for SBA loan defaults. Learn about ownership thresholds, guarantees, and safeguarding your investment in a complex financial landscape.
Discover how to navigate the end of the SBA's Hardship Accommodation Program and explore new support options available for small businesses facing temporary cash flow challenges.
For many beneficiaries of the Small Business Administration's (SBA) Hardship Accommodation Program (HAP), this question became a reality when the program officially ended on March 19, 2025. Small business owners now face the challenge of navigating their financial obligations without this support. If you are among them, understanding the context and exploring your options is essential.
The SBA's Hardship Accommodation Program provided critical relief to businesses struggling with the financial impact of the COVID-19 pandemic. By offering deferred payment plans for Economic Injury Disaster Loans (EIDLs), the program served as a financial cushion during uncertain times. With its conclusion, the SBA has shifted its focus to new strategies for business recovery.
The termination of HAP aligns with the SBA's transition to a post-COVID financial strategy. The agency aims to encourage business recovery and growth rather than prolonged deferment of financial obligations. This shift reflects the SBA's belief that the economic environment now supports recovery under revised support systems.
In place of HAP, the SBA has introduced "Short-Term Payment Assistance," a program designed to help businesses facing temporary financial difficulties. This initiative requires businesses to demonstrate the short-term nature of their challenges and provide evidence of long-term viability.
Unlike HAP, this program involves an application process where businesses must prove:
This targeted approach ensures that only businesses with temporary, rectifiable setbacks are eligible for assistance.
Determining your eligibility for this program is crucial. Below are the specific criteria outlined by the SBA:
The SBA has clarified that circumstances like a permanent COVID-induced downturn will not qualify. However, temporary issues, such as payment delays due to technological transitions with major clients, may be considered if supported by evidence.
Approved applicants may receive a one-time, six-month payment reduction at 50% of their usual monthly payment. This single opportunity underscores the SBA's focus on providing immediate but measured relief for temporary issues.
Businesses with loans in charge-off status may still have options, provided the loan has not been forwarded to the Treasury. Here’s how to proceed:
Once reinstated, you may be eligible to apply for Short-Term Payment Assistance.
Maintaining communication with the SBA is vital. Here are the contact methods:
Method Details EmailCOVIDEIDLServicing@sba.govPhone 833-853-5638 PortalSBA EIDL Servicing Portal
The end of the Hardship Accommodation Program marks a significant shift in SBA support strategies. While the new Short-Term Payment Assistance program offers opportunities, it comes with stricter conditions:
Businesses must carefully evaluate their options and prepare strong applications to navigate this transition effectively. For personalized assistance, consider reaching out to Protect Law Group, a law firm specializing in SBA loan issues, at (833) 428-0937.
The conclusion of the SBA's Hardship Accommodation Program has left many small business owners searching for answers. If you're feeling uncertain about your next steps, Protect Law Group is here to help. Our experienced SBA attorneys and Federal Agency Practitioners specialize in guiding businesses through complex SBA loan challenges, including navigating the new Short-Term Payment Assistance program. Contact us today at (833) 428-0937 for a case evaluation and tailored solutions to secure your business's financial future. Don't face these changes alone—let us provide the expertise and support you need to move forward confidently.
The SBA Hardship Accommodation Program (HAP) was a financial support initiative that allowed businesses to defer payments on their Economic Injury Disaster Loans (EIDLs) during the COVID-19 pandemic. It ended on March 19, 2025, as part of the SBA's transition to a post-COVID financial strategy. The SBA is now focusing on programs that encourage business recovery and growth rather than prolonged deferment of financial obligations.
The Short-Term Payment Assistance program is a new initiative introduced by the SBA to help businesses facing temporary financial difficulties or cash flow challenges. Unlike HAP, this program requires businesses to demonstrate that their financial issues are temporary, provide evidence of the cause, and outline a plan for resolution. It is a more targeted approach to financial relief.
To qualify for the Short-Term Payment Assistance program, businesses must meet the following criteria: - They must not have previously enrolled in the Hardship Accommodation Program. - Their loan payments must be less than 120 days past due. - Their loan must not be in charge-off status or sent to the Treasury. - They must provide a detailed explanation of their financial situation, including evidence of the temporary nature of the issue, the cause, and a resolution plan.
If approved, businesses can receive a one-time, six-month payment reduction at 50% of their usual monthly payment. This is a single opportunity designed to address temporary financial challenges, unlike the multi-tiered support offered by HAP.
Businesses with loans in charge-off status can take the following steps to regain eligibility: 1. Log in to the SBA EIDL portal to manage their loan status. 2. Submit a payment to bring the loan current. 3. Request reinstatement via email to the SBA, asking for the loan status to be updated to "current." Once reinstated, they may apply for the Short-Term Payment Assistance program.
Businesses can contact the SBA through the following methods: - Email: COVIDEIDLServicing@sba.gov - Phone: 833-853-5638 - Portal: SBA EIDL Servicing Portal Maintaining communication with the SBA is essential for navigating loan status changes and understanding eligibility requirements.
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.
Client personally guaranteed SBA 7(a) loan for $150,000. COVID-19 caused the business to fail, and the loan went into default with a balance of $133,000. Client initially hired a non-attorney consultant to negotiate an OIC. The SBA summarily rejected the ineligible OIC and the debt was referred to Treasury’sBureau of Fiscal Service for enforced collection in the debt amount of $195,000. We were hired to intervene and initiated discovery for SBA and Fiscal Service records. We were able to recall the case from Fiscal Service back to the SBA. We then negotiated a structured workout with favorable terms that saves the client approximately $198,000 over the agreed-upon workout term by waiving contractual and statutory administrative fees, collection costs, penalties, and interest.
Clients obtained an SBA 7(a) loan for their small business in the amount of $298,000. They pledged their primary residence and personal guarantees as direct collateral for the loan. The business failed, the lender was paid the 7(a) guaranty money and the debt was assigned to the SBA. Clients received the Official 60-Day Notice giving them a couple of options to resolve the debt balance directly with the SBA before referral to Treasury's Bureau of Fiscal Service. The risk of referral to Treasury would add nearly $95,000 to the SBA principal loan balance. With the default interest rate at 7.5%, the amount of money to pay toward interest was projected at $198,600. Clients hired the Firm with only 4 days left to respond to the 60-Day due process notice. Because the clients were not eligible for an Offer in Compromise (OIC) due to the significant equity in their home and the SBA lien encumbering it, the Firm Attorneys proposed a Structured Workout to resolve the SBA debt. After back and forth negotiations, the SBA Loan Specialist assigned to the case approved the Workout terms which prevented potential foreclosure of their home, but also saved the clients approximately $294,000 over the agreed-upon Workout term with a waiver of all contractual and statutory administrative fees, collection costs, penalties, and interest.