In addition to representing consumers against debt collectors, we also represent businesses with regard to debt negotiation, settlement, and litigation. We regularly defend businesses in breach of contract cases brought by lenders. We also are very aggressive in bringing claims against lenders and merchant cash advance companies when we believe there are valid claims.
When your business has been sued over a debt, time is very important. We will look at the entire financial situation of your business to determine the best course of action. Sometimes fighting the lawsuit makes the most sense. Sometimes settling the debt or even filing bankruptcy is your best alternative. Let us analyze the situation and advise what options are available to you.
Because most business debt includes liens on business assets as well as personal guaranties issued by the owners of the business, we regularly consult our clients on these matters as well.
Although the FDCPA does not apply with regard to business debt, lenders are still required to act in a “commercially reasonable manner.” Lenders cannot threaten you or your employees and cannot act in a way that would be considered a “breach of the peace.” We are not afraid to assert those rights on behalf of our business clients. Lenders and merchant cash advance lenders have teams of attorneys on their sides. The attorneys at the Law Offices of Michael Lupolover fight can help your business even the playing field and give your business a fighting chance.
One of the most common types of business financing we see today is the “merchant cash advance” in which a business borrows money and agrees to pay it back on a daily or weekly basis by letting the lender take a certain percentage of sales or receipts. In theory, this type of business financing should work for most businesses because it seems that the payment will adjust with the performance of the business – in other words, if business is slow, the payment will go down. In practice, however, this is rarely the case. Most merchant cash advance loans are set up to deduct a fixed amount from the business bank account or credit card processor account, without regard to the actual sales or receipts of the business. So what initially looked like a loan that your business could afford quickly turns into an anchor that can drag the business down. Some business owners even take second or third cash advances to pay off the first cash advance, getting them deeper into a hole.
Although some merchant cash advance providers are legitimate and provide a much needed method of financing a business, many are fly-by-night companies that care nothing about the long-term financial health of your business or the business community as a whole. In fact, we have seen some unscrupulous and unethical merchant cash advance purveyors charge interest rates of 50, 100, even 200% per year. The Law Offices of Michael Lupolover are at the forefront of the fight against this new type of unregulated business lending. We will fight for you when no one else will.
If you find yourself in trouble with your business loans or your merchant cash advance accounts, call us to see how we can help. Call today for a free consultation and let us analyze your business loans and determine what options are available to your business.Send a Message
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Disclaimer: The Law Offices of Michael Lupolover, P.C. is a Debt Relief law firm as defined by 11 U.S.C. 528. We help people file for Bankruptcy Relief under the Bankruptcy Code.The information contained on this website is not to be construed as legal advice. It is not intended to solicit or form an attorney-client relationship. We do not guarantee any result and prior results do not guarantee a similar outcome. This is an attorney advertisement and this website is for informational purposes only. Results may vary depending on your particular facts and legal circumstances.