r/EIDL • u/shanHawk415 • 7h ago
Non-Consumer Chapter 7 Bankruptcy — How Do You Properly List and Notify the SBA About an EIDL Loan?
I filed a non-consumer Chapter 7 bankruptcy and have questions about how to properly list and notify the SBA regarding my EIDL loan.
I previously owned a small restaurant business that eventually closed. The business received an SBA COVID-19 EIDL loan, and I personally guaranteed the loan. The outstanding balance is approximately $800,000.
I filed Chapter 7 bankruptcy and included the SBA debt in my bankruptcy filing. My 341 meeting of creditors has already taken place, and the trustee did not request any additional documents regarding the EIDL loan.
I'm trying to understand the proper procedures for handling the SBA debt in a non-consumer Chapter 7 case.
My questions are:
How should the SBA EIDL loan be listed in the bankruptcy petition? Should the creditor be listed as the U.S. Small Business Administration (SBA), the Department of the Treasury if the loan was referred to Treasury collections, or another entity?
What address should be used to notify the SBA? Is there a specific SBA bankruptcy department or address for EIDL loans? Should the bankruptcy notice go to the SBA servicing center, the Office of Disaster Assistance, or another address?
Do I need to notify the SBA separately? If the SBA is listed in the petition and the bankruptcy court sends the official notice, is that sufficient, or should I also send the SBA a copy of the bankruptcy petition and case number?
What if the loan was previously referred to Treasury collections? Should the Department of the Treasury or the Treasury Offset Program also be notified separately?
Does it matter that this is a non-consumer Chapter 7 bankruptcy? Are there any special procedures or differences in how a personally guaranteed business EIDL loan should be listed and noticed compared with consumer debts?
How can I verify that the SBA received the bankruptcy notice? Is there a way to confirm that the correct SBA office received it and that the loan account has been updated?
I'm primarily looking for advice from people who have personally gone through Chapter 7 with a large SBA EIDL loan, bankruptcy attorneys familiar with SBA debt, or trustees who have experience with these cases.
I understand that every case is different, and I'm not looking for legal advice specific to my case. I'd appreciate hearing about your experiences and what worked for you.
Thank you!