Omaha MCA Defense Lawyers Business Debt Relief



MCA Defense Lawyers Provide Expert Guidance on Business Debt Relief

Getting behind on business debts can feel overwhelming and scary. Between merchant cash advances (MCAs), loans, lines of credit, and other financial obligations, it’s easy for companies to accumulate more debt than they can reasonably manage. If you’re struggling under the weight of business debt, know that you have options – and the expert MCA defense lawyers at Delancey Street are here to help.

How We Can Help With Your Business Debt Crisis

Our legal team has extensive experience dealing with all aspects of business debt, from negotiation and settlements to litigation and defense against aggressive, predatory lenders. We take an empathetic, customized approach to every client, seeking solutions that work for your unique situation.Some of the ways we can help include:

  • In-Depth Financial Review – We’ll conduct a complete analysis of your debts, assets, cash flow, and finances to gain clarity on what you owe and what’s realistic for you to pay back. This allows us to provide targeted advice and debt relief solutions.
  • Negotiating with Lenders – We’ll work directly with your creditors and lenders to negotiate better repayment terms, reduced balances, waived fees, and more. Our knowledge of debt law gives us leverage in these negotiations.
  • Litigation & Defense – If lenders won’t cooperate or have engaged in predatory, illegal lending practices, we won’t hesitate to take them to court to protect your rights. We know how to build strong legal cases against unethical lenders.
  • Debt Consolidation & Settlements – In some cases, consolidating debts into one manageable payment through a consolidation loan or settling balances for less than you owe may be the best path forward. We’ll advise if these options make sense for you.
  • Bankruptcy Evaluation – While always a last resort, declaring business bankruptcy can wipe the slate clean when you have no other options. We’ll provide straightforward counsel on if and when bankruptcy becomes the right business move.
  • Ongoing Support – We continue advising and representing our clients every step of the way until they become debt-free and financially stable again. You don’t have to go through this alone.

Common Types of Business Debt We Can Defend Against

As MCA and business debt experts, some of the most common financial instruments we deal with include:

  • Merchant Cash Advances (MCAs) – MCAs provide quick access to capital by essentially selling a percentage of your future sales back to the lender. While fast and easy to get, MCAs also often have exorbitant interest rates and aggressive repayment terms.
  • Business Loans – From short-term working capital loans to long-term expansion loans, traditional business loans typically have lower rates than MCAs but still come with challenges if you fall behind on payments.
  • Personal Loans – Many business owners use personal loans or credit cards to finance their company. But these should be paid back by the business, not you personally.
  • Lines of Credit – Credit lines offer revolving access to capital that can be convenient when used responsibly. However, it’s also easy to overextend a credit line, landing you in hot water.
  • Equipment Financing – Financing essential equipment through loans or leases allows you to get the gear you need while spreading payments over time. But missed payments can mean loss of critical equipment.
  • Commercial Mortgages – For companies with commercial real estate, a mortgage provides access to capital through the value of the property. But you risk losing that property if you default.
  • Business Credit Cards – Credit cards offer both convenience and quick access to capital but quickly snowball out of control with compounding interest rates and fees.

If you have any blend of business debts like these and find yourself falling behind, we have the expertise to help protect your company. Don’t hesitate to arrange a free consultation.

Why Delancey Street Business Debt Relief Lawyers?

What sets Delancey Street’s business debt relief services apart from other options you might be considering? Here are a few of the key reasons to choose us as your advisors and legal advocates:

1. Decades of Combined Experience

Delancey Street’s legal team brings decades of combined experience specifically dealing with complex business debt matters across the full spectrum – from friendly negotiations all the way through hostile litigation. We’ve seen it all and know how to get results.

2. MCA Laws & Regulations Expertise

We maintain an in-depth, up-to-date understanding of merchant cash advance laws and regulations nationwide. This allows us to spot illegal predatory lending practices and build strong cases against violators. Many firms lack this nuanced MCA knowledge.

3. Relentless Bulldog Mentality

We won’t quit until we achieve the ideal outcome for your situation, no matter how aggressive or unreasonable the lender. Our tenacious, bulldog mentality pressures lenders to offer better terms or face legal consequences. We won’t be pushed around.

4. Customized Debt Relief Solutions

Every business debt crisis has unique complexities based on your specific obligations, creditors, cash flow, assets, and other factors. We build customized solutions catered to your exact situation rather than taking a one-size-fits-all approach. This provides better overall outcomes.

5. Nationwide MCA Lender Connections

After years assisting clients with MCA debts, we’ve developed relationships with many of the major merchant cash advance lenders nationwide. These connections allow us to negotiate better settlements and terms for our clients.

6. Ongoing Support Throughout Your Case

We continue advising and representing clients for the duration of their debt crisis, not just initially. This provides the ongoing support and reassurance clients need to stay the course until all debts get resolved and paid off. You won’t be left hanging.With this level of specialized expertise and commitment on your team, you gain a trustworthy ally that will fight to stabilize and restore your business finances. Don’t tackle business debt alone – leverage our experience.

Initial Steps Working With Our Business Debt Relief Lawyers

If you’re anxious and uncertain where to turn for your business debt crisis, engaging our firm marks an important first step toward reclaiming control of your finances. Here’s a preview of what you can expect when first connecting with our lawyers:

Free Initial Consultation

The process starts with a free initial consultation where we’ll discuss your current situation, debts owed, challenges with lenders, and financial options. This allows us to outline a game plan and provide recommendations tailored to your circumstances.

In-Depth Financial Review

We’ll then conduct an extensive review of your complete business finances – debts, revenues, expenses, assets, credit, and equity, among other factors. This provides a clear picture of what you owe, available capital, and realistic repayment abilities.

Case Strategy Session

With full clarity on your situation, we’ll map out a customized case strategy targeting the best possible outcome. This includes which debts to prioritize, ideal settlement terms, litigation strategy if needed, and more. We welcome your input and adjustments.

Lender Negotiations & Settlements

Once the strategy gets finalized, we start executing it through direct negotiations with your creditors and lenders. The goal is settling debts through lump-sum payoffs, repayment plans, reducing balances and fees owed, dismissing debts entirely, or whatever makes sense.

Ongoing Litigation If Necessary

If lenders refuse reasonable settlement offers or have engaged in predatory lending, we won’t hesitate to take them to court to force a positive resolution. Our lawyers will handle building cases, filing claims, responding to motions, appearing at hearings, and navigating the litigation process.

Support Until All Debts Resolve

Even after settlements get reached and debts start to resolve, we continue advising on the best financial moves going forward. This includes navigating tax implications, accounting decisions, using capital strategically, and avoiding future debt crises. We stay by your side each step.Going through Delancey Street offers the most legally sound, financially wise path toward overcoming your business debt crisis and restoring stability. We encourage any struggling business owner to request a free consultation so we can start mapping out solutions. The sooner you reach out, the faster we can help resolve your debts and get your finances back on track.

What Makes MCA Loans So Risky?

Also commonly known as business cash advances or merchant loans, merchant cash advances represent an increasingly popular form of fast business financing offered by alternative lending companies rather than traditional banks. But while MCAs provide quick access to capital in a pinch, they also come loaded with risk if you can’t keep up with payments.

Extremely High Interest Rates

The most glaring risk with MCA loans lies in the exorbitant interest rates, which often exceed 100-200% APR when compounded over the full repayment period. And since MCA loans get deducted directly from sales at very high fixed daily rates, that interest racks up fast.

Aggressive Repayment Terms

Beyond sky-high rates, MCA lenders also impose aggressive repayment terms designed to withdraw maximum payments as quickly as possible. Common practices include daily repayments as a percentage of sales, accelerated payments if sales spike, demanding lump-sum balloon payments, and more.

Deceptive & Predatory Tactics

The largely unregulated MCA industry has given rise to many lenders willing to engage in deception and predatory actions to force repayments. False promises, surprise contract terms, accessing accounts without consent, illegal threats and harassment all run rampant among unethical MCA firms.

Limited Legal Protections

Compared to other lending products, legal protections remain much more limited for small businesses falling victim to predatory MCA firms. However, through relentless legal advocacy from firms like Delancey Street, those protections continue expanding.If you currently feel trapped in an abusive MCA loan and don’t know where to turn, our team can provide expert counsel on your options and legal rights. Don’t endure threats or harassment – we can force lenders to back off.

Common Predatory MCA Lending Practices

While certainly not all merchant cash advance companies engage in deception and abuse (some do operate ethically), many lenders stay willing to cross lines in order to accelerate repayments. Some of the most common predatory MCA lending tactics our lawyers consistently expose include:

  • Bait-and-Switch Financing Terms – Luring borrowers in with deceptively attractive terms during the application process then switching to outrageously high rates and payments in the actual final contracts.
  • Unauthorized Account Withdrawals – Automatically withdrawing repayments from borrower accounts without proper consent or continuing withdrawals even after instructed to stop.
  • Threats & Harassment – Intimidating borrowers struggling to pay through aggressive calls, emails, letters, and threats to damage the business such as contacting customers.
  • Fraudulent Fee Stacking – Piling excessive arbitrary fees on top of repayments like late fees, document fees, or other made-up charges not defined in the initial contract.
  • Deceptive Non-Disclosure – Failing to clearly disclose key repayment terms, interest rates, withdrawal rights, and other info leaving the borrower unaware of the risk.
  • Lack of Account Statements – Refusing to provide account statements detailing payment breakdowns, balances owed, fees charged, and repayment history over time.
  • Reselling & Reassigning Debts – Reselling past-due accounts or underlying debts to third party collection agencies who then aggressively pursue borrowers.

If you feel trapped in any kind of predatory MCA loan like this, we possess the legal capabilities to stand up against deceitful lenders and compel them into better repayment terms or even total debt dismissal. Don’t endure threats or harassment from any creditor.

Defending Against Abusive MCA Lenders Through Litigation

In the most severe cases where MCA lenders refuse reasonable negotiation attempts and persist with intimidation, threats, or other illegal tactics, we won’t hesitate to fight back through litigation. Our lawyers can file claims related to a range of prohibited lending practices.

Usury Laws & Interest Rate Caps

If we can prove an MCA company charged interest rates exceeding state limits, we can force reduced rates under usury law protections. Excess interest charges also may qualify for complete dismissal under certain state laws.

Breach of Fiduciary Duty

Lenders have a fiduciary duty to fully disclose repayment terms and act in good faith managing loans. Deception, bait-and-switches, unauthorized withdrawals or any conduct putting their interests ahead of borrowers all constitute fiduciary breaches we can litigate over.

Fraudulent Misrepresentation

If lenders intentionally misled borrowers regarding repayment terms, rates, withdrawal rights or other conditions at any stage in the process, those constitute fraudulent misrepresentations we can file claims over.

Harassment Laws

Any threats, intimidation, aggressive calls, contacting employees, vendors or customers all violate state and federal harassment laws. We can demand injunctions and damages against creditors crossing lines seeking repayments.

Fair Debt Collection Practices Act

Federal law prohibits abusive debt collectors from making threats, contacting third parties about debts, calling excessively late at night, refusing to verify debts when asked and other practices. Violations carry penalties up to $1,000 per incident.



What do you think?

What to read next