How do you get rid of a UCC lien after an MCA default? You fight it. You fight it with knowledge, with experience, and with the law. You fight it like you’re fighting for your business’s survival—because you are.
MCAs are dangerous. MCAs are dangerous because they lock you into payments you can’t meet. MCAs are dangerous because when you default, UCC liens tighten their grip. MCAs are dangerous because they seem like help but they aren’t. You can win. Attorneys like me? We’ve helped business owners win. We’ve helped them beat the system. We’ve helped them survive. We’ve helped them win—even when the odds seemed stacked against them.
Key Court Case: Kapitus v. Suburban Waste Services
The court in Kapitus Servicing, Inc. v. Suburban Waste Services made it clear. Vague reconciliation clauses? That’s how we prove it’s not factoring. That’s how we prove it’s a loan. That’s how we win. That’s how we win. Fixed payments? Loans. Fixed payments prove that it’s not factoring. Fixed payments mean it’s a loan. Fixed payments are the giveaway. Fixed payments are how we win.
- Bankruptcy recourse? That’s key.
- Recourse in bankruptcy? That’s not factoring.
- That’s a loan. Courts have ruled this way before, and they’ll rule this way again.
How do we win? We show that your future receivables weren’t sold. We show that your future receivables weren’t sold but borrowed against. We show that it’s not about receivables, it’s about control. Partial victories are real wins. Partial victories mean restructuring payments. Partial victories mean saving assets. Partial victories mean keeping the business alive. Partial victories are real wins.
Real Experiences and Business Survival
I’ve saved businesses before. I’ve saved them from losing everything. I’ve saved them from collapsing under debt. I’ve saved them from UCC liens that felt impossible to fight. I’ve saved them, and I’ll save more. Debt relief is possible. Debt relief is possible because we argue the MCA was a loan. Debt relief is possible because we show how the contract violated usury laws. Debt relief is possible because the law is on your side. Debt relief is possible.
We take them to court. In Davis v. Richmond Capital Group, we saw how fixed payments turned into loan terms. We take that precedent. We take that ruling. We take it to court. We take it to court. State laws help. In California, in New York, in Florida—state usury laws help. State laws stop predatory lenders. State laws protect your business. State laws help, and we use them every time.
Fighting UCC Liens with UCC Article 9
UCC Article 9? That’s how we fight. Article 9 governs secured transactions. Article 9 governs how liens work. Article 9 governs what’s enforceable. Article 9? That’s how we fight. Recourse in bankruptcy? That’s not factoring. Bankruptcy clauses are designed to trap you. Bankruptcy clauses turn factoring into lending. Recourse in bankruptcy? That’s not factoring. MCA attorneys win because we dig deep. We dig into every clause. We dig into every detail. We dig into every shady provision. MCA attorneys win because we dig deep.
Commercially unreasonable practices? That’s another weapon. If the MCA acted in bad faith, if the MCA filed liens improperly, that’s our weapon. Commercially unreasonable practices—that’s another weapon. Good faith? MCA lenders rarely show it. They hide loan terms. They hide interest rates. They hide their true intentions. Good faith? MCA lenders rarely show it. Unconscionable contracts? We’ve had UCC liens wiped because the contract was too unfair. We’ve had UCC liens wiped because the MCA deal was predatory. Unconscionable contracts? We’ll fight on that ground too.
Partial Wins Keep Businesses Alive
Partial victories matter. Partial victories mean you’re still standing. Partial victories mean you’re still fighting. Partial victories mean the business doesn’t close. Partial victories matter. Bankruptcy isn’t the end. Bankruptcy isn’t the end if we show the contract was unfair. Bankruptcy isn’t the end if we argue the lender’s recourse was illegal. Bankruptcy isn’t the end, it’s the beginning of our fight.
Personal guarantees? We fight those too. We fight personal liability. We fight overbroad guarantees. We fight contracts that tie the business to the owner’s personal assets. We fight those too. I had a client in Florida once. They were buried under debt. We didn’t erase it all, but we restructured. We didn’t erase it all, but we lowered payments. We didn’t erase it all, but we kept them open.
Fixed daily payments? That’s a loan. Courts know it. We know it. You should know it. Fixed payments aren’t factoring. Fixed payments are loans. Fixed daily payments? That’s a loan. State laws? They’re on your side. New York’s usury laws cap interest. California’s civil code protects business owners. Florida? Same thing. State laws? They’re on your side.
How Precedents Help Win MCA Cases
Davis v. Richmond Capital showed the way. Fixed payments? Loan. Unreasonable terms? Loan. MCA lenders think they’re above the law, but Davis v. Richmond proved otherwise. Don’t give up. Don’t give up because there’s a lien. Don’t give up because there’s debt. Don’t give up because the MCA says you have no way out. Don’t give up.
I’ve helped business owners fight. I’ve helped them keep their businesses alive. I’ve helped them out from under UCC liens. I’ve helped them fight, and I’ll help more. Real stories show what’s possible. A client in NYC? They were facing shutdown, but we restructured the lien. They’re still open. Real stories show what’s possible.
Actionable Steps for Business Owners
Here’s what you do: Get a lawyer who fights MCA contracts. Get a lawyer who reads every line. Get a lawyer who fights for every inch. Here’s what you do. We win by showing the MCA isn’t factoring. We win by proving it’s a loan. We win by showing the contract’s unfair. We win by fighting tooth and nail. We win. Don’t let them scare you. UCC liens aren’t final. UCC liens aren’t the end. UCC liens aren’t unbreakable. Don’t let them scare you.