Eleventh Circuit Joins Fifth in Holding that the SBA May Deny Paycheck Protection Program Loans to Debtors in Bankruptcy | Miller Canfield
In June of 2020, Miller Canfield reported that the Fifth Circuit held that a Texas bankruptcy court had exceeded its authority when it ordered the SBA Administrator to make a Paycheck Protection Program (PPP) loan available to a debtor in bankruptcy. We added at the time that "whether other circuits follow the Fifth's lead remains to be seen." Now, the Eleventh Circuit has agreed with the Fifth, issuing a comprehensive opinion to explain its reasoning. The PPP was a central component of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Through August 2020, the PPP allowed...