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Tampa Bankruptcy Attorney > Blog > Bankruptcy > Tampa Businesses Struggling with EIDL Loans: How Chapter 7 Bankruptcy Can Prevent Treasury Collections

Tampa Businesses Struggling with EIDL Loans: How Chapter 7 Bankruptcy Can Prevent Treasury Collections

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TAMPA, FL — As pandemic-era relief programs wind down, many small businesses in Tampa find themselves in a financial bind. One major source of distress: Economic Injury Disaster Loans (EIDLs). These federal loans, issued by the U.S. Small Business Administration (SBA), provided vital funding during COVID-19 shutdowns — but now, thousands of Tampa business owners are facing repayment deadlines they can’t meet.

Worse, many are unaware of what happens when they default on their EIDL loans: aggressive collections by the U.S. Treasury Department. But there is a way for some businesses to avoid the harshest consequences — by filing for Chapter 7 bankruptcy.

The Growing Problem of Unpaid EIDL Loans in Tampa

Tampa’s small business community — from restaurants and retailers to event planners and contractors — tapped into EIDL loans during the height of the pandemic. These loans offered up to $2 million in funding, low interest rates, and long repayment terms. But for struggling businesses that never fully recovered, those payments are now unsustainable.

When an EIDL loan falls into default, the debt is transferred to the Treasury Department under the Treasury Offset Program (TOP). This can result in:

  • Bank account levies
  • Federal and state tax refund garnishments
  • Withholding of government contracts or grants
  • Damage to business credit and, in some cases, personal credit (if a personal guarantee was involved)

Chapter 7 Bankruptcy: A Legal Shield Against Treasury Collections

Many business owners fear bankruptcy — but for businesses that are no longer viable, Chapter 7 bankruptcy can offer a clean break and legal protection.

Here’s how it works:

  • Chapter 7 for Business Entities: This type of bankruptcy is for corporations, LLCs, and partnerships (not individuals). It results in the liquidation of the business’s assets, if any remain, and a permanent shutdown of the business.
  • Discharge of Debt: While businesses don’t technically receive a discharge in Chapter 7, the filing effectively ends the collection process because the business ceases to exist. Treasury collections, lawsuits, and aggressive actions stop.
  • No Personal Liability (in many cases): If the business owner didn’t sign a personal guarantee on the EIDL loan (which many did not), the SBA can’t pursue personal assets. If a personal guarantee was signed, the individual may need to explore personal bankruptcy options (such as a separate Chapter 7 or 11).

Who Should Consider Filing Chapter 7?

You may want to consider Chapter 7 bankruptcy for your Tampa business if:

  • Your business has permanently closed or is no longer profitable.
  • The EIDL loan and other debts are unmanageable.
  • There are few to no assets left in the business.
  • You did not personally guarantee the loan (or are prepared to handle that separately).

Important Steps Before Filing

  1. Review Your Loan Documents: Check whether you signed a personal guarantee.
  2. Consult a Bankruptcy Attorney: Business bankruptcy has legal nuances — an experienced Tampa-based attorney can assess your situation.
  3. Stop Payments if Necessary: If you’re planning to file, continuing to pay the SBA may not make sense — consult legal counsel before deciding.
  4. Preserve Records: Keep detailed records of business assets, debts, and financials to support your bankruptcy petition.

Final Thoughts

Bankruptcy is not a failure — it’s a tool for financial reset. For Tampa business owners overwhelmed by unpayable EIDL debt, filing Chapter 7 for the business entity may be the most strategic way to shut down operations and avoid the long-term damage of Treasury collections.

If you’re in this position, don’t wait for garnishments or levies to hit. Speak with a bankruptcy attorney to discuss your options and take control of the process before the government does it for you.

 

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