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Small Business SBA Lending Programs Lenders

Troutman Pepper

Texas Federal District Court Rejects All Administrative Procedure Act Challenges to CFPB’s Section 1071 Final Rule

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Monday, the U.S. District Court for the Southern District of Texas granted the Consumer Financial Protection Bureau’s (CFPB or Bureau) motion for summary judgment on all Administrative Procedure Act (APA) challenges brought...more

Orrick, Herrington & Sutcliffe LLP

SBA unveils enhanced Lender Match tool to connect small businesses with lenders

On March 4, the SBA announced the launch of an online tool for small businesses to connect to capital through the SBA’s network of nearly 1,000 approved banks and private lenders. This Lender Match tool was designed to...more

Sheppard Mullin Richter & Hampton LLP

Senate Votes to Repeal CFPB Small Business Lending Rule

On October 18, the Senate voted 53-44 to approve S.J. Res. 32, a resolution sponsored by Sen. Kennedy (R-LA) to overturn the implementation of the CFPB’s final rule under Section 1071 of the Dodd-Frank Act requiring lenders...more

DarrowEverett LLP

New Rules Aim to Make SBA Loans More Accessible, Abundant, and Better

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The United States Small Business Administration (“SBA”) oversees two loan programs that are intended to benefit small business owners and promote employment. The programs, known as the 7(a) Loan Program and Section 504 Loan...more

Troutman Pepper

SBA Finalizes Rules Expanding Access to 7(a) Loans

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On April 12, the U.S. Small Business Administration (SBA) announced that it is ending the moratorium that capped the number of small-business lending companies permitted to participate in its § 7(a) loan program at 14, and...more

Dorsey & Whitney LLP

False Claims Act Case Tracker for Paycheck Protection Program Fraud - Update

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In the Spring of 2020, the Small Business Association (“SBA”) began administering the Paycheck Protection Program (the “PPP” or the “Program”) to provide SBA-backed loans to help eligible businesses maintain their workforces...more

Tucker Arensberg, P.C.

Interim Final Rules and Application Released for Second Draw PPP Loans

Tucker Arensberg, P.C. on

On December 27, 2020, President Trump signed the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (the Economic Aid Act) (Pub. L. 116-260) into law to provide continued assistance to individuals and...more

Miller Canfield

Congress Permits SBA to Make PPP Loans to Debtors in Bankruptcy, SBA Says "No"

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In June and December of 2020, Miller Canfield reported that the Fifth and Eleventh Circuits had held that the Small Business Administration ("SBA") may exclude debtors in bankruptcy from consideration for Paycheck Protection...more

Ward and Smith, P.A.

Approved COVID-19 Relief Bill: What Small Businesses Need to Know about PPP

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On December 27, 2020, President Trump approved a $900 billion COVID-19 relief bill. In it, Congress appropriates funds to help small businesses, nonprofits, and venues that continue to be hit hard by the impact of COVID-19...more

Locke Lord LLP

Saving Our Small Businesses – Considerations for Lenders upon the Default or Bankruptcy of a Paycheck Protection Program Borrower

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With the goal of providing financial relief to companies impacted by the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) amended the Small Business Act to allow the Small Business...more

Burr & Forman

SBA Requires Borrowers Who Received PPP Loans of $2 Million or More to Submit “Pre-Audit Review” Information

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On October 31, 2020, the SBA released new forms and related instructions requiring borrowers with PPP loans of $2 million or more to provide additional information related to their PPP loans. Titled “Loan Necessity...more

Partridge Snow & Hahn LLP

Scammers Obtain Fraudulent SBA Loans by Posing as Legitimate Companies

When tragedy hits, there are always nefarious people who will try to profit. The ongoing COVID-19 pandemic is no exception. There have been recent instances in which scammers have successfully used publicly available...more

Rosenberg Martin Greenberg LLP

SBA Gathering Info on "Economic Uncertainty": What Form 3509 May Mean for Borrowers in the Paycheck Protection Program

The U.S. Small Business Administration (“SBA”) recently released additional details relevant to those participating in the Paycheck Protection Program (“PPP”).  In particular, on October 26, 2020, the SBA posted a notice...more

Manatt, Phelps & Phillips, LLP

Good News on PPP Lender Liability for Agent Fees: What You Need to Know

A panel of judges has now made it far more likely that a recent wave of class action litigation will be resolved without huge litigation costs for lenders. In this post, we explain why....more

K2 Integrity

PPP Lending—A Unique Compliance Challenge for Banks

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A commitment to PPP compliance now will not only align with regulator expectations, but can help guide innovation and the introduction of new products in the long run. ...more

Burr & Forman

SBA Releases List of PPP Borrowers – Which Businesses Are Now Audit Targets?

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The SBA and the United States Treasury have now released a list of over 600,000 PPP loan borrowers who received PPP loans of $150,000 or more. This list includes the name of the borrowers, the general loan range of the PPP...more

Lowenstein Sandler LLP

Paycheck Protection Program (PPP) Information Sheet: Nonprofit Borrowers

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The following information has been adapted from the Small Business Administration’s (SBA) Paycheck Protection Program Borrower Information Fact Sheet to provide information tailored for nonprofits. This document is for...more

Fisher Phillips

New Paycheck Protection Loan Rules Provide Some Answers

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Questions about employee bonuses, payments made to owner employees and the Small Business Administration’s (SBA) authority to audit Paycheck Protection Program loans (PPP) were answered just before the long Memorial Day...more

Ruder Ware

Paycheck Protection Program Could Get Some Welcome Changes

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As some Paycheck Protection Program loan borrowers approach the close of their eight week covered period (the period during which loan proceeds can be used for certain expenses and the corresponding loan amount can be...more

Farella Braun + Martel LLP

CARES Act Paycheck Protection Program Summary (Updated)

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Paycheck Protection Program (PPP) aims to provide qualifying small businesses, nonprofit organizations, veterans organizations, tribal businesses, sole...more

Bowditch & Dewey

PPP Loan Safe Harbor Date Extended One Week to May 14

Bowditch & Dewey on

As we wrote about in a client alert on May 4, the SBA recently issued guidance to PPP loan borrowers (FAQ 31) about the required certification that the loan is necessary to support ongoing operations. Now, in determining...more

Bowditch & Dewey

PPP Loan Applicants Directed to Assess (or Reassess) the Necessity for Loan Funds; SBA Imposes May 7th Deadline to Return Loans...

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The U.S. Department of the Treasury recently issued additional guidance in the form of Frequently Asked Questions (“FAQ”) for businesses that have received or are still seeking PPP loans. The critical piece of the FAQ is the...more

Butler Snow LLP

Banks Sued Over Paycheck Protection Program Loan Practices

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As financial institutions begin to make the next round of Paycheck Protection Program (“PPP”) loans under the CARES Act, some would-be borrowers have begun suing lender financial institutions alleging the institutions have...more

Goodwin

Recent Events Underscore Likelihood Of PPP Loan Scrutiny In The U.S.

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Recent statements by U.S. government officials indicate greatly increased odds that recipients of CARES Act Paycheck Protection Program (“PPP”) loans will face scrutiny and potential government action. Yesterday, in a CNBC...more

Goodwin

Trends in U.S. Paycheck Protection Program Class Actions

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Early uncertainty and the initial lapse in appropriations for the U.S. CARES Act’s Paycheck Protection Program (PPP) set off a wave of litigation by disgruntled small businesses who have been unable to secure PPP loans. PPP...more

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