The Small Business Administration (the “SBA”) on April 6, 2021, issued new guidance on the Payroll Protection Program (the “PPP”) for entities in bankruptcy that wish to participate in the PPP. Moreover, any debtor in a bankruptcy case, or debtor with a part-owner (20% or greater) in bankruptcy, who is considering applying for a PPP loan cannot be “presently involved in a bankruptcy” to be eligible for a PPP loan.
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While there was no shortage of mega-bankruptcy filings last year, bankruptcy attorneys continue to scratch their heads at the absence of small-to-midsized corporate bankruptcy filings. There are several reasons for that absence. The Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) provided meaningful assistance to small business owners. In addition, economic stimulus checks provided some relief. Moratoriums were placed on federally guaranteed loans, and many states and cities halted evictions actions. With the change in administration, many are likely still trying to survive long enough for another round of stimulus.
Millions of borrowers continue to miss payments on personal loans, including auto, home and student loans. For the most part, these missed payments are consensual between the lender and the borrower. Otherwise, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) placed several temporary moratoriums on foreclosures and evictions of federally-backed loans. Additionally, most, if not all of the larger states and/or cities have instituted statewide or citywide moratoriums or limitations on trials, hearings and eviction procedures.