Do you have to pay back SBA loan if business fails?
First, the lender will attempt to collect the debt. If it's unsuccessful, the lender may seize your collateral to recover its losses. The Small Business Administration may step in and repay the lender—the SBA guarantees a portion of the loan—and then seek repayment from you.
You may also submit an OIC to the SBA and your lender to find an alternative way to repay your loan if you have gone out of business. You should also be prepared for the lender to try and collect the collateral you promised to secure the loan if you can't repay it.
Many people take out Small Business Administration (SBA) loans to start or expand their businesses. However, if the business fails, they find themselves on the hook for their SBA loan. Luckily, by filing for bankruptcy, you can discharge (eliminate) your obligation to pay back an SBA loan.
If you've signed a personal guarantee and then default on that business loan, your lender has the right to claim your personal assets to repay the debt you owe. If you don't have enough assets to cover the debt or refuse to cooperate with your lender, they can also sue you for a judgment in court.
Once your lender files a claim, the SBA will send you a demand letter. Demand letters typically specify that you must pay what you owe on your loan within 60 days. If you still haven't paid within these 60 days, the SBA will turn over your account to the US Department of the Treasury.
Does the SBA forgive loans? The SBA generally doesn't offer 100 percent forgiveness on 7(a) and 504 loans, no matter how dire your finances are. However, for companies that have had to cease operations, the SBA will consider settlements that have been agreed to between a borrower and their loan issuer.
If you contact your lender, you may be able to set up a repayment strategy. On the other hand, if you don't try to make an effort to repay, the SBA will likely seize any collateral you used to secure the loan — and if necessary, the government can take legal action against you.
The lender will acquire your business assets. If that's not enough to recover their losses, they'll go after your personal assets, too. They can do this because you likely signed a personal guarantee. The only time they'll go to the SBA to get the guarantee is when your assets are not enough to cover the loan amount.
You'll need to submit an offer in compromise to the SBA and provide evidence that you are unable to repay your loan. The offer you submit must be something you can reasonably repay and usually as a lump sum. Both your lender and the SBA must agree to the offer in compromise.
The SBA reports that 49.7% of businesses will fail in half of a decade.
What happens if an LLC can't pay back a loan?
If you fail to pay a business loan, a lender will typically try to work with you, setting up a plan to pay off the loan. If this doesn't work, you'll go into default. If you signed a personal guarantee or provide collateral, your lender has the right to seize assets.
An EIDL cannot be forgiven; as a result, the whole amount due must be paid. The SBA website states that this grant is no longer accessible. In 2020, the EIDL Program for COVID-19 did feature a cash advance of up to $1,000 or $10,000 per employee that did not need to be repaid.
Personal Liability
If your business fails, you cannot walk away from the debt obligations. The lenders can hold you personally liable for the debts and will pursue you vigorously if you have any assets to speak of. Or take, for instance, if your business gets sued and the lawsuit is successful.
Applicants for the COVID-19 Economic Injury Disaster Loan (EIDL) may have been eligible to receive up to $15,000 in funding from SBA that did not need to be repaid.
Interest rate: Rates may be fixed or variable, generally capped at prime +2.75 percent (for loans less than $50,000, higher rates may apply). Terms: Loan terms vary according to the purpose of the loan, generally up to 25 years for real estate or 10 years for other fixed assets and working capital.
The maximum loan amount for an SBA 7(a) loan is $5 million and the maximum repayment period is 25 years, though most loans carry a repayment term of up to 10 years.
- Paid leave.
- Payroll maintenance.
- Increased costs of materials.
- Mortgage, lease, or rent payments.
- Other obligations that can't be met due to revenue loss.
Many SBA loans require a personal guarantee, meaning the borrower is liable for the debt. This includes popular programs like the 7(a) loan and the EIDL. The question of "Am I personally liable for an EIDL loan?" often arises, and the answer typically depends on the terms of the loan agreement.
You Could Lose Your Collateral
If you used collateral as any part of security for your SBA loan (this can be your home, car, or other business assets), the lender could seize these assets in order to sell and hope to recoup the money they lent to you.
Since a default means you've missed several payments, your credit score will likely suffer significant damage. That means your business could have trouble qualifying for future lines of business credit.
Will the SBA take my house?
If business assets do not fully secure the loan, the lender must take available personal assets of the owners as collateral. This more often than not includes your personal real estate, including your home.
Who will be audited? PPP loans in excess of $2 million are automatically triggered for an audit by the SBA. The SBA has created a safe harbor for any PPP loan borrower that, together with its affiliates, received loans of less than $2 million.
SBA-qualified lenders usually set their own criteria when assessing your eligibility. Most lenders will require a minimum FICO score of 620 or higher for their SBA Loans. Ready to apply for an SBA Loan?
If your financial profile and net worth disqualifies you for an SBA offer in compromise, one of your options is to negotiate a repayment agreement with the SBA.
Drawbacks of SBA Loans
Less competitive rates and terms versus banks. Generally, the most competitive interest rates are available through traditional bank loans, though SBA loans do often offer lower costs than some online lenders. Long approval times. SBA loans can take a long time to fund, up to two to three months.
References
- https://www.nerdwallet.com/article/small-business/equity-injection
- https://www.firstrepublic.com/insights-education/does-business-credit-affect-personal-credit
- https://www.ato.gov.au/tax-rates-and-codes/division-7a-benchmark-interest-rate
- https://www.creditkarma.com/advice/i/long-collections-credit-report
- https://wallethub.com/answers/cc/how-long-does-it-take-to-get-approved-for-a-business-credit-card-2140765135/
- https://www.businesscreditworkshop.me/articles/business-credit-cards-for-new-llc/
- https://www.creditkarma.com/advice/i/credit-karma-guide-to-business-credit-scores
- https://smallbusiness.experian.com/pdp.aspx?pg=helpfaq
- https://swoopfunding.com/us/sba-loans/what-happens-if-you-cant-pay-your-sba-loan/
- https://smallbusiness.chron.com/establish-credit-through-llc-3662.html
- https://www.sba.gov/partners/lenders/7a-loan-program/terms-conditions-eligibility
- https://www.listonnewton.com.au/information-centre/division-7a-loans-explained
- https://www.bankrate.com/loans/small-business/how-to-get-a-business-line-of-credit/
- https://fedbizaccess.com/understanding-uei-and-duns-numbers-a-comprehensive-guide/
- https://www.sba.gov/article/2023/08/10/business-loan-program-improvements
- https://www.nav.com/blog/sba-loan-default-sba-loan-forgiveness-485935/
- https://www.investopedia.com/terms/c/capital-injection.asp
- https://www.windsoradvantage.com/news/lenders-guide-documenting-equity-injections
- https://www.cbsnews.com/news/ways-to-pay-off-10000-in-credit-card-debt/
- https://weisblattlaw.com/blog/what-happens-when-a-sole-proprietor-cannot-pay-business-debts/
- https://www.creditcards.com/credit-management/how-long-does-it-take-to-build-business-credit/
- https://www.unitedcapitalsource.com/blog/build-llc-business-credit/
- https://www.nav.com/blog/sba-loan-payment-95583/
- https://www.bankrate.com/personal-finance/credit/when-does-old-debt-fall-off-credit-report/
- https://support.businessfitness.com/support/solutions/articles/5000785226-company-debit-loan-division-7a-
- https://www.nerdwallet.com/article/small-business/business-credit-score-basics
- https://www.commbank.com.au/articles/credit-cards/credit-card-minimum-repayment.html
- https://ramp.com/blog/can-business-credit-affect-personal-credit
- https://www.nerdwallet.com/article/small-business/sba-loan-default-know-cant-pay
- https://www.forbes.com/advisor/credit-cards/how-to-report-revenue-on-a-business-credit-card-application/
- https://www.nav.com/business-formation/single-member-llc/
- https://www.medicalnewstoday.com/articles/types-of-injections
- https://crscpa.com/blog/over-17-agriculture-tax-deductions-that-can-help-your-farm-keep-more-cash/
- https://www.vocabulary.com/dictionary/injection
- https://www.nerdwallet.com/article/small-business/business-loan-default
- https://fastercapital.com/content/Critical-Securing-a-Capital-Injection.html
- https://www.nerdwallet.com/article/small-business/how-to-build-business-credit-small-business-loans
- https://www.simplybusiness.co.uk/knowledge/articles/small-business-funding/
- https://www.tmsfinancial.com.au/avoiding-division-7a-penalties/
- https://swoopfunding.com/us/sba-loans/sba-loan-equity-injection/
- https://www.speritascapital.com/articles/6-types-of-equity-injection-for-sba-loan-aquisition
- https://www.business.com/articles/forgiveness-for-sba-loan-in-default/
- https://www.horizonfcu.org/5-ways-to-pay-off-a-loan-early/
- https://www.cnbc.com/select/default-small-business-loan/
- https://www.luisazhou.com/blog/businesses-that-fail/
- https://www.rok.biz/blog/impact-of-bankruptcy-on-personal-liability-for-sba-loan/
- https://www.hostmerchantservices.com/articles/is-your-eidl-loan-forgivable/
- https://www.zenbusiness.com/filing-taxes-for-llc-with-no-income/
- https://idevax.com/applications/intradermal-injection/
- https://wrightbusinesslaw.ca/share-sale-or-corporate-redemption/
- https://www.nav.com/resource/what-is-a-good-business-credit-score/
- https://www.ncbi.nlm.nih.gov/books/NBK556121/
- https://homework.study.com/explanation/why-is-planned-investment-called-an-injection.html
- https://www.plainscapital.com/blog/how-to-put-personal-money-into-your-business/
- https://www.equifax.com/personal/education/credit/report/articles/-/learn/understanding-hard-inquiries-on-your-credit-report/
- https://www.investopedia.com/managing-personal-loans-monthly-payments-7971722
- https://www.nerdwallet.com/article/small-business/sba-7a-loan
- https://www.creditstrong.com/duns-number-vs-ein/
- https://cred.club/check-your-credit-score/articles/how-long-does-it-take-to-get-a-700-credit-score-from-500
- https://www.sofi.com/learn/content/15-3-credit-card-payment/
- https://www.nav.com/blog/help-ive-got-a-d-u-n-s-number-now-what-32476/
- https://fundbox.com/resources/guides/business-credit-score/
- https://wallethub.com/answers/cs/is-it-easier-to-get-business-credit-with-an-llc-2140861990/
- https://legal.thomsonreuters.com.au/media/guides/tao/div7a_userguide.pdf
- https://www.linkedin.com/pulse/capital-injection-monievest-unprecedented-business-growth-kanwal-0jz2f
- https://www.nerdwallet.com/article/small-business/pros-and-cons-of-sba-loans
- https://sba-attorneys.com/sba-articles/consequences-of-an-sba-loan-default
- https://www.linkedin.com/pulse/what-equity-injection-funding-sources-can-you-use-meet-jeffrey-bardos
- https://www.bdc.ca/en/articles-tools/entrepreneur-toolkit/templates-business-guides/glossary/shareholder-injections-redemptions
- https://money.com/startup-business-lines-of-credit/
- https://www.sba.gov/brand/assets/sba/sba-lenders/7a-Loan-Fact-Sheet-Borrower-Version.pdf
- https://www.lendingtree.com/business/unsecured/startup-loans-no-collateral/
- https://www.nav.com/blog/start-building-business-credit-30-days-28473/
- https://www.alllaw.com/articles/nolo/bankruptcy/discharge-sba-loan.html
- https://www.insightaccounting.com.au/2018/07/are-you-division-7a-compliant/
- https://www.cnbc.com/select/what-credit-score-should-you-have/
- https://www.collinsdictionary.com/sentences/english/injection
- https://wallethub.com/answers/cc/how-long-to-pay-off-7000-credit-card-1000423-2140858495/
- https://sba-attorneys.com/sba-articles/everything-you-need-to-know-about-sba-loan-collateral-and-personal-bankruptcy
- https://sbacomplete.com/wp-content/uploads/2012/01/7a-vs-504-comparison.pdf
- https://sba-attorneys.com/practice-areas/sba-repayment-plan-negotiations
- https://www.smbcompass.com/sba-loan-credit-score-minimum/
- https://www.nerdwallet.com/article/finance/650-credit-score-good-or-bad
- https://www.benefits.gov/benefit/1497
- https://sba-attorneys.com/sba-articles/cant-pay-your-sba-loan-heres-what-to-expect
- https://www.batonmarket.com/resources/own/llc-credit-score
- https://www.northwestregisteredagent.com/llc/bad-credit
- https://www.bankrate.com/home-equity/requirements-to-borrow-from-home-equity/
- https://www.bankrate.com/real-estate/buying-a-house-700-credit-score/
- https://www.coverwallet.com/business-tips/how-to-achieve-disaster-loan-forgiveness
- https://fastercapital.com/content/Capital-Injection-vs--Debt-Financing--Choosing-the-Right-Path.html
- https://www.americanexpress.com/en-us/credit-cards/credit-intel/how-long-does-it-take-to-establish-credit/
- https://www.usbank.com/financialiq/manage-your-household/personal-finance/personal-loans-first-timers-guide.html
- https://www.nolo.com/legal-encyclopedia/deducting-business-related-interest-loan-payments.html
- https://www.pitcher.com.au/insights/taxpayers-lending-on-division-7a-terms-should-consider-their-lending-arrangements-before-30-june/
- https://www.freeagent.com/glossary/distributable-reserves/
- https://www.nexia.com.au/news/tax/dealing-div-7a-loans-different-approach
- https://www.sba.gov/partners/lenders/7a-loan-program/types-7a-loans
- https://www.quora.com/What-does-it-mean-when-you-give-100-000-dollars-for-a-10-percent-stake
- https://www.sba.gov/funding-programs/loans/covid-19-relief-options/covid-19-economic-injury-disaster-loan/about-targeted-eidl-advance-supplemental-targeted-advance
- https://ramp.com/blog/business-credit-cards-for-llc
- https://www.bankrate.com/loans/small-business/how-to-manage-an-llc-loan/
- https://hselaw.com/ppp-audit-overview-and-checklist/
- https://sba-attorneys.com/sba-articles/4-common-questions-about-sba-liens-answered
- https://www.nerdwallet.com/article/credit-cards/getting-a-credit-card-for-a-new-business-or-startup
- https://www.cancer.gov/publications/dictionaries/cancer-terms/def/injection
- https://www.bankrate.com/loans/small-business/how-to-get-a-business-loan-with-no-money/
- https://www.irs.gov/pub/irs-utl/duns_num_guide.pdf
- https://www.imf.org/en/Publications/fandd/issues/Series/Back-to-Basics/Monetary-Policy
- https://www.investopedia.com/terms/d/distributablenetincome.asp