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Timeline for Implementation of the Complete COVID Collections Act

Explore the timeline for the Complete COVID Collections Act, addressing loan collections and enforcement post-pandemic. Understand key provisions and implementation steps.

Have you been keeping abreast of recent legislative developments concerning loans made during the COVID-19 pandemic? The Complete COVID Collections Act, a significant piece of legislation, aims to address the collection of loans provided to small businesses under pandemic relief initiatives. As a seasoned Federal Debt Default lawyer with the Protect Law Group Firm, understanding the timeline and implications of this Act is crucial for advising clients and navigating the potential challenges it presents. Let's explore the details of this legislation, its key provisions, and the scheduled timeline for its implementation.

Timeline for Implementation of the Complete COVID Collections Act
Provisions of the Complete COVID Collections Act

Provisions of the Complete COVID Collections Act

This Act has been designed to ensure that the financial mechanisms supporting small businesses remain efficient and accountable. The provisions are both proactive and corrective, safeguarding the interests of the government and ensuring that businesses adhere to their financial responsibilities.

Loan Collection During COVID-19

Under the Complete COVID Collections Act, a critical aspect is that the bill prohibits the suspension of collections on loans guaranteed under particular provisions of the Small Business Act. These loans were essential lifelines during the pandemic, and maintaining their collection is vital for fiscal stability and accountability.

Referral of Claims

The Act specifies that claims related to loans under $100,000 must be referred by the Small Business Administration (SBA) to the Department of the Treasury for action. This referral is intended to streamline the process, ensuring that claims are managed effectively and efficiently, minimizing potential losses and facilitating timely recovery of funds.

Monthly Updates

Transparency and accountability are reinforced through the requirement for the SBA Administrator to provide monthly briefings to Congress. These updates will focus on the progress of loan collections and related activities, offering valuable insights into the program's effectiveness and identifying areas needing attention or improvement.

Fraud Enforcement

Fraud prevention and accountability are crucial elements of the Act. It establishes a 10-year limit for filing criminal or civil actions concerning fraud for any loan or grant made under COVID-19 relief programs. This provision ensures that potential fraudulent activities are investigated and addressed within a reasonable timeframe, protecting the integrity of these financial aids.

Data Transparency

Data transparency is an essential element in the management and oversight of these programs. The Act places a requirement on the Pandemic Response Accountability Committee to maintain real-time data regarding funds recovered by the Federal government from COVID-19 relief. This real-time data serves as a tool for public accountability and effective oversight, providing insights into fund utilization and recovery processes.

Key Definitions

Understanding the specific terminology used in the Complete COVID Collections Act is essential for comprehending its scope and application. These definitions clarify the types of loans and programs covered under this legislation.

Covered Loan

The term "Covered Loan" includes loans guaranteed under specific sections of the Small Business Act, particularly those related to COVID-19 economic injury. These loans formed the backbone of financial support for numerous small businesses during the pandemic, and their collection is crucial for the sustainability of such programs.

Covered Programs

"Covered Programs" refer to a range of loan and grant initiatives established under COVID-19 relief legislation. These include the Paycheck Protection Program and grants for shuttered venues and restaurants. The scope of these programs points to their significant role in stabilizing businesses during the uncertainties of the pandemic period.

Oversight and Reporting

Oversight and consistent reporting are the cornerstones that ensure the effective implementation of the Complete COVID Collections Act. This dimension of the Act seeks to foster collaboration between governmental entities to promote comprehensive accountability.

Inspections and Reports

The Act allows for improved coordination between the SBA and the Inspector General, aiming to ensure accurate reporting and oversight of COVID-19 relief programs. This collaborative approach is intended to detect discrepancies, prevent misuse, and enhance the effectiveness of these relief efforts.

Monthly Reports from Attorney General

Further emphasizing oversight, the Attorney General is mandated to report monthly to Congress on activities regarding prosecutions associated with covered programs. These reports will include metrics on enforcement actions, providing insights into the legal dimensions of enforcement and compliance related to pandemic relief efforts.

Legislative Intent

The legislative intent behind the Complete COVID Collections Act is multifold, focusing on maintaining financial accountability, supporting the financial stability of small businesses, and ensuring the efficient collection of loans. It aims to reinforce the COVID-19 recovery framework, which is still vital as businesses continue to navigate a post-pandemic landscape.

Timeline for Implementation

The timeline for the implementation of the Complete COVID Collections Act is meticulously crafted to ensure a smooth transition into active oversight and enforcement. Here's a detailed breakdown:

   Month Activity     Month 1 Bill Passage & Initial Setup   Month 2 SBA to begin referrals of claims under $100,000 to Treasury   Month 3 First monthly briefing to Congress by SBA Administrator   Month 4 Data systems update for real-time tracking of fund recovery   Month 5 Initiation of law enforcement procedures for fraud detection   Month 6 Initial Attorney General report to Congress   Month 7 Review of progress and initial program audits   Month 8 First adjustments and optimizations based on feedback    

This timeline aims to facilitate a step-by-step implementation, allowing stakeholders to adapt to new processes and ensuring that the provisions are enacted effectively.

Conclusion

In conclusion, the Complete COVID Collections Act represents a significant effort to ensure that the financial relief provided during the COVID-19 pandemic remains effective, accountable, and transparent. As these loans were crucial for the survival of small businesses, their continued collection is important for maintaining the stability of the recovery framework. The Act's provisions, encompassing loan collection procedures, fraud prevention, and data transparency, aim to reinforce trust and efficiency in government aid programs.

As professionals in the legal domain dealing with federal debt defaults, understanding the intricacies of this Act can inform decision-making and advisory roles. The coordinated oversight and reporting mechanisms proposed by the Act are set to instill confidence in the program’s efficacy and integrity. Staying informed on the Act’s implementation timeline allows practitioners to provide timely advice and anticipate potential challenges.

By remaining diligent and knowledgeable about such policies, you can ensure that your practice and your clients navigate the complexities of COVID-19 relief programs with enhanced clarity and compliance.

$383,000 SBA 7A LOAN - NEGOTIATED RELEASE OF LIEN FOR CONSIDERATION

$383,000 SBA 7A LOAN - NEGOTIATED RELEASE OF LIEN FOR CONSIDERATION

Clients executed several trust deeds pledging seven (7) real estate properties and unconditional personal guarantees for an SBA 7(a) loan from the participating lender. The clients' small business failed and eventually defaulted on repayment of the loan exposing all collateral pledged by the clients. The SBA subsequently acquired the loan balance from the lender, including the right to liquidate  and collect all pledged collateral pursuant to the trust deed instruments.

The Firm was hired to negotiate separate release of lien proposals for all 7 real estate properties. In preparation for the work assignment, the Firm Attorneys initiated discovery  to secure records from the SBA and Treasury's Bureau of Fiscal Service. After reviewing the records and understanding the interplay between the lender and the SBA, the attorneys then prepared, submitted and negotiated the release of lien (ROL) for each of the 7 real estate properties for consideration.

After submitting the proposals, the assigned SBA Loan Specialists approved each ROL package - significantly reducing the total SBA debt claimed.

$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.

$391,000 SBA COVID EIDL - CROSS-SERVICING DISPUTE | NEGOTIATED REINSTATEMENT & WORKOUT

$391,000 SBA COVID EIDL - CROSS-SERVICING DISPUTE | NEGOTIATED REINSTATEMENT & WORKOUT

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.

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