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Many small businesses will take advantage of Paycheck Protection Program (PPP) and other measures to keep afloat for the next couple months.  These plans hopefully will result in forgiveness of any funds used for payroll, rent and utilities.  But as we all knows, running a small business involves lots of other expenses.  Many businesses will draw down lines of credit while credit is still available.  Seeking forbearances for various business expenses may also be possible to conserve cash.  Owners may not take paychecks for awhile.

But eventually, shelter in place orders will subside.  What then?  Revenues won’t be what the once were for quite some time:  at least for the entertainment, travel and restaurant industry.  Many other industries too I’m sure.

How will these businesses remain in business?  Fortunately, the new Subchapter V Small Business bankruptcy rules went into effect in mid-February.  These weren’t caused by COVID-19, but the timing couldn’t have been better.  The debt cap was raised by the CARES Act from $2.7 million to $7.5 million for eligibility.  These small business Chapter 11 cases are streamlined and less expensive.  They are a means to reduce debt and the cost of carrying that debt — while remaining in business!

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https://www.tampabankruptcylawyerblog.com/wp-content/uploads/sites/10/2015/07/christie_d._arkovich_p.a_1_small.jpgYou’ve probably heard by now that the CARES Act provides for a suspension of payments and collections, and waiver of interest for six months.  However, not all loans are covered.

Importantly, 20% of federal student loan borrowers are not covered by the CARES Act.

  • Covered loans do not include FFEL loans that are commercially owned, Perkins loans and Private loans.
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Our firm used to do a lot of employee rights cases, but we reduced that area of practice when we elected to focus on foreclosure defense and student loan work.  Recently though, we have had a few clients with questions about what happens to their income if they or an immediate family member should get sick with COVID-19.  One of our attorneys suggested I post the following to help answer these questions:

WHAT ARE YOUR RIGHTS UNDER THE FAMILY FIRST CORONAVIRUS RESPONSE ACT (FFCRA)?

The Act requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons relating to COVID-19.  These provisions are applicable between April 1, 2020, through December 31, 2020.

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penny-hoarder
We were interviewed by the Penny Hoarder this week in their story “How You Could Get a Temporary Break from Student Loans Due to COVID-19.”

You should also check out our recent blog post “Watch Out for These Pitfalls that may come with Suspended Federal Student Loan Interest.”

Under the right circumstances, a six month forbearance with non-accrual of interest will help a lot of folks.  But beware that not everyone will qualify for this and their credit could be impaired if payments are not made.  An income driven plan starting right now could be a better option for those with FFEL loans!  You can also have your current income driven plan recalculated if your income or hours have dropped recently.

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The CARE Act passed over the weekend extends the 60 day forbearance, interest waiver for all Direct Loans, and collection activities for 6 months.  Until the Department of Education can update its rules to be CARE compliant, here is a summary of what to expect:

Coronavirus and Forbearance Info for Students, Borrowers, and Parents

Interest Suspension:

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https://www.tampabankruptcylawyerblog.com/wp-content/uploads/sites/10/2015/07/christie_d._arkovich_p.a_1_small.jpgHow do you determine if the COVID-19 federal law waiving interest applies to your federal student loans?  The most recent changes are summarized here in a nice Q&A format:  https://studentaid.gov/announcements-events/coronavirus.

My take on all this:  The Act suspends student loan payments and interest accrual through September 30. For those in federal loan forgiveness programs, those months will count as months in which payments were made.

Now for the finer points:  for the interest waiver, not all federal loans count, only Direct Loans and those Federal Family Education Loans (FFEL) which are owned by the government.  Most FFEL loans are owned by third parties and only guaranteed by the government.  Perkins Loans are owned by the institution and the interest waiver does not apply either.  Eighty percent of all federal loans were FFEL loans before the FFEL program was discontinued in 2010.  I’d estimate one-quarter to one half of all federal loans are still FFEL loans.

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While our physical location is closed, our Arkovich Law team are hard at work at home filing motions to abate Chapter 13 Plans, Modifying Confirmed Plans, helping with our clients’ real estate needs, settling all sorts of debt, and assisting with estate planning needs.  This blog is addressed toward our small businesses in the Tampa Bay area:

If you are a small business owner, make sure to apply for the Paycheck Protection Program through your local bank in order to maintain your workforce and to receive full forgiveness after the 8 week period.  Make sure you are able to return to work in 8 weeks with your business fully intact and awesome!

Also, if you experience additional business hardship, you can apply for a SBA Bridge Loan.

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For you landlords out there or for your residential property managers, what about this idea for your tenants who are unable to pay rent?

It allows a 50% reduction in rent to be paid by using escrowed deposits for two months, replenishment within 180 days, and extends the lease for two months.  Those deposit accounts are sitting around doing nothing, we may as well be using them!!  Tenant pays nothing now, and landlord gets 50% now.

If you like this idea, please share (but add my email in case a landlord or property manager would like legal advice on how to handle a specific matter).  Christie@christiearkovich.com.

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