Navigating SBA Loan Challenges: COVID-EIDL Charge-Offs, Trump 2.0 Policy Shifts, and the Future
Discover actionable tips for small businesses facing COVID-EIDL problems. Contact us today.
If your small business took out a COVID-19 Economic Injury Disaster Loan (EIDL), you’re likely aware of the challenges that come with repayment. Between rising interest rates, shifting congressional policy, and the lingering impact of the pandemic, many small businesses are unsure where to turn. In this article, we’ll break down the latest updates on SBA COVID-19 EIDL loans, including repayment challenges, potential congressional relief, and what you need to know about the new Complete COVID Collections Act. We’ll also share tips on the best way to protect your business and your personal assets.
The Small Business Administration (SBA) launched the COVID-19 EIDL program to provide critical financial relief to small businesses grappling with pandemic-related economic challenges. Over 3.9 million loans were approved, totaling more than $400 billion.
For many businesses, the COVID-19 EIDL proved a lifeline at the height of the pandemic. However, with 30-month deferments expiring and the economy still rebounding, repayment has become a challenge.
Accrued Interest & Deferment Periods
While loan payments were deferred for 30 months, interest continued to accrue. This means many borrowers now face larger balances than they initially realized.
Small Business Struggles
According to various reports, only around 36% of small businesses have fully returned to pre-pandemic sales levels. With ongoing revenue challenges, many business owners find it difficult to keep up with monthly EIDL payments.
Rising Charge-Offs
The SBA reported $18.6 billion in charge-offs from its COVID-EIDL program for fiscal year 2024, which is about 6.5% of the active portfolio. Although this is down from $52 billion in fiscal 2023, it’s still significantly higher than the charge-off rates for other SBA programs, such as 7(a) and 504 loans.
Although there is no guarantee, members of Congress have floated several ideas to help struggling borrowers:
A newly introduced bill known as the Complete COVID Collections Act is set to impact the way COVID-19 small business loans are handled. Here are some highlights:
What This Means for Borrowers
With stricter oversight and no suspension of collections, borrowers should be prepared for more aggressive loan collection efforts. If your SBA EIDL loan is delinquent, you could see faster referrals to the Treasury’s Bureau of Fiscal Service—which can lead to wage garnishments, tax refund offsets, and other collection actions.
Proponents
Opponents
If your business is struggling with SBA COVID EIDL debt, ignoring the situation can escalate the problem. Delinquencies can lead to:
Step 1: Schedule a Case Evaluation
Contact an experienced attorney authorized to practice under 5 U.S.C. § 500(b) who specializes in SBA COVID EIDL matters. A professional can assess your specific circumstances and recommend the best path forward.
Step 2: Assess Your Options
Whether it’s Offer in Compromise, Repayment Negotiation, appealing an SBA decision, or exploring new legislation, understanding your full range of options is critical.
Step 3: Let a Legal Team Advocate on Your Behalf
From filing appeals to negotiating settlements, legal experts can guide you through the complexities of the SBA COVID EIDL process and help protect your assets.
The SBA COVID-19 EIDL program was designed to be a lifeline, but its aftermath has placed many business owners in challenging financial positions. With the potential for new relief measures—and the likely passing of the Complete COVID Collections Act into federal law—it’s vital to stay informed and proactive.
If you’re feeling the pressure of repayment or have already received the SBA's Official 60-Day Due Process Notice, time is of the essence. The longer you wait, the fewer options you may have to rectify your situation.
Protect Law Group can help you understand your rights, evaluate your options, and advocate on your behalf. If you’re facing SBA COVID EIDL default or are concerned about new legislative actions, Contact Us Today to schedule a consultation. Stay ahead of the game—and safeguard your future.
Millions of Dollars in SBA Debts Resolved via Offer in Compromise and Negotiated Repayment Agreements without our Clients filing for Bankruptcy or Facing Home Foreclosure
Millions of Dollars in Treasury Debts Defended Against via AWG Hearings, Treasury Offset Program Resolution, Cross-servicing Disputes, Private Collection Agency Representation, Compromise Offers and Negotiated Repayment Agreements
Our Attorneys are Authorized by the Agency Practice Act to Represent Federal Debtors Nationwide before the SBA, The SBA Office of Hearings and Appeals, the Treasury Department, and the Bureau of Fiscal Service.
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.
Clients personally guaranteed an SBA 7(a) loan that was referred to the Department of Treasury for collection. Treasury claimed our clients owed over $220,000 once it added its statutory collection fees and interest. We were able to negotiate a significant reduction of the total claimed amount from $220,000 to $119,000, saving the clients over $100,000 by arguing for a waiver of the statutory 28%-30% administrative fees and costs.
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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