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SBA Has Stopped Auto-Enrollment In The Hardship Accommodation Plan for COVID EIDL Loans

SBA COVID EIDL Loan Default? Learn about HAP, OIC, Workout or Bankruptcy

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SBA Has Stopped Auto-Enrollment In The Hardship Accommodation Plan for COVID EIDL Loans

As of March 19,2025, the Small Business Administration (SBA) discontinued its automatic enrollment option for the Hardship Accommodation Plan (HAP) affecting COVID EIDL loans. This sudden change applies both to borrowers with disbursements below $200,000—who had previously been able to self-enroll—and those seeking new or renewed hardship status on larger loans. Many businesses relied on the HAP to temporarily lower their monthly payments, but they will now face a more demanding repayment environment.

Key Developments

1. Termination of Automatic HAP Enrollment

     
  • The one-click enrollment feature contained in the My SBA Loan Portal that allowed COVID-EIDL borrowers with disbursement amounts of $200,000 or less to reduce their monthly payments to as little as 10% of the regular amount up to 2 and ½ years (30 months) is no longer available.
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  • Borrowers with existing hardship accommodation can continue their reduced payments until their current term expires, but automatic renewal is not an option unless future policies reverse the ban.

2. Shift in Policy under a New Administration

     
  • The new administration, led by Trump-appointed SBA Administrator Kelly Loeffler, has adopted stricter approaches to debt repayment for the SBA COVID EIDL loan portfolio.
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  • Rather than continuing to “kick the can down the road” with repeated short-term reductions, the SBA appears focused on distinguishing which borrowers can realistically repay and which are likely to default.

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3. Possible Outcomes for Borrowers

     
  • Higher Payments: Borrowers could see monthly payments rise sooner, leading many to reassess their budgets, seek alternative financing or default.
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  • Accrued Interest: Delaying full payments can mean more interest piling up, ultimately increasing the total amount owed, including the likelihood of default.
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  • Program Uncertainty: If EIDL loan servicing is sold to third party debt buyers, those private entities may be even less flexible in granting payment relief.

4. Potential Next Steps & Strategies

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  • More Flexible Offers in Compromise (OIC): The SBA may begin considering more serious settlement discussions for borrowers and guarantors whose businesses have permanently closed or cannot sustain full repayments.
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  • Aggressive Collection Actions: Borrowers who default—especially those with large loans or pledged real  estate—could face referral to the U.S. Treasury or litigation.
  • Allowing Defaults: The agency may simply let defaults take their course without offering continued hardship extensions, especially where repayment is deemed unfeasible.

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5. Stay Informed

     
  • Official details about how the SBA will handle future defaults, settlement requests, or enforcement measures  remain limited.
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  • Borrowers should closely follow new SBA announcements and assess their repayment strategies. In the near term, businesses may wish to explore all financing options, consult with legal professionals, and be prepared for aggressive collection activity.

Source: https://www.sba.gov/funding-programs/loans/covid-19-relief-options/covid-19-economic-injury-disaster-loan/manage-your-eidl#options-for-borrowers-facing-financial-hardship

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Why Hire Us to Help You with Your Treasury or SBA Debt Problems?

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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

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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

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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.

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$375,000 SBA 504 LOAN - SBA OIC CASH SETTLEMENT

The client personally guaranteed an SBA 504 loan balance of $375,000.  Debt had been cross-referred to the Treasury at the time we got involved with the case.  We successfully had debt recalled to the SBA where we then presented an SBA OIC that was accepted for $58,000.

$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.

$150,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

$150,000 SBA 7A LOAN - NEGOTIATED WORKOUT AGREEMENT

The client personally guaranteed an SBA 7(a) loan for $150,000. His business revenue decreased significantly causing default and an accelerated balance of $143,000. The client received the SBA's Official 60-day notice with the debt scheduled for referral to the Treasury’s Bureau of Fiscal Service for aggressive collection in less than 26 days. We were hired to represent him, respond to the SBA's Official 60-day notice, and prevent enforced collection by the Treasury and the Department of Justice. We successfully negotiated a structured workout with an extended maturity date that included a reduction of the 14% interest rate and removal of substantial collection fees (30% of the loan balance), effectively saving the client over $242,000.

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