Struggling with a Merchant Cash Advance (MCA) in Omaha? You’re not alone—and let’s get one thing clear. MCA lenders are predatory. I’ve seen it firsthand working at Delancey Street. They trap small businesses, AND they profit off your struggle. It’s time to fight back. The truth is—many of these so-called “advances” are nothing more than disguised loans. And that’s exactly how we’ll win. The Kapitus v. Suburban Waste case? It’s a prime example of what I’m talking about. Fixed payments, no reconciliation—classic signs of a loan. In Nebraska, we use the law to your advantage. We’ll fight MCA agreements by proving they’re loans, not receivable purchases. Under Nebraska’s Uniform Commercial Code (UCC), we can argue that their so-called “advances” violate lending laws. What’s even more dangerous is the personal guarantees they slip into these agreements. You default? They come after you—personally. That’s why we fight, why we argue, why we win. We protect YOU.
Specific Strategies for MCA Defense
You might ask—how do MCA attorneys win? We win by showing the fixed daily payments make this a loan, not factoring. And we win by pointing out there’s NO risk for the lender. Risk is on YOU, not them. That’s not how factoring works. Nebraska’s UCC is on our side here. Factoring agreements are supposed to be tied to actual receivables. Fixed payments? That’s a loan, plain and simple. That’s where we dig in, and that’s how we fight back. And let me tell you—this isn’t just about total wins. I’ve had many cases where we’ve won partial victories that were game changers for small businesses. A partial win might just be what saves your business from closing its doors. I’ll tell you this—when we reduce your fixed payments or eliminate the personal guarantee, that’s a win. Even if it’s not a full victory, it’s a win. We take those wins, and we build on them.
How MCA Attorneys Win, Even with Partial Wins
Some businesses are so deep in MCA debt they think there’s no way out. But there IS. Debt relief IS possible. I’ve seen it again and again. We’ll negotiate, we’ll restructure, we’ll bring those payments down. Sometimes, it’s about taking that MCA and converting it into a manageable loan. Sometimes, it’s about consolidation. It’s not easy, but I’ve seen it happen. And it CAN happen for you. Let’s talk about laws. Nebraska’s UCC sets clear rules for how receivables are handled, and many MCA agreements violate these. Kapitus v. Suburban Waste showed us the power of challenging those fixed payments. That precedent? It’s GOLD in court. And it’s not just Nebraska. The Truth in Lending Act (TILA) gives us ammunition too. These MCA lenders? They don’t disclose the true cost of their loans. Under TILA, we’ll show that they’ve misled you. And that’s a powerful argument.
Key Laws and Precedents MCA Defense Lawyers Will Use
And let’s not forget the Fair Debt Collection Practices Act (FDCPA). MCA lenders are often aggressive in their collections—and sometimes, that crosses legal lines. We can use FDCPA to fight back against harassment. I’ve seen MCA collectors harass small business owners at all hours of the day. They threaten, they intimidate—but guess what? Under the FDCPA, that’s ILLEGAL. And we’ll hold them accountable. One of the strongest defenses is proving that these MCAs are loans under Nebraska law. In the LG Funding case, the court ruled that personal guarantees and fixed payments are signs of a loan—not factoring. THAT’S what we use in your defense. Let’s break it down—if your MCA agreement lacks a proper reconciliation clause, it’s likely a loan. Period. Nebraska law supports this. We’ll fight that vague language, and we’ll argue that it’s predatory.
Fixed payments.
Personal guarantees.
No reconciliation.
That’s how we’ll win your case. These agreements don’t stand up to legal scrutiny, and we’ll show the court exactly why.
Personal Stories and Case Results
Let’s talk about Kapitus v. Suburban Waste again. In that case, the court found that the fixed daily payments and vague reconciliation terms were signs of a loan. We’ll use that precedent to build YOUR defense. I’ve seen businesses crushed by MCAs, but I’ve also seen them rise up again with the right legal strategy. It’s not always easy, but it’s always possible. And sometimes, it’s not about totally eliminating the debt. It’s about reducing it, restructuring it, making it manageable. A partial win can be everything. Remember—MCA lenders make their money off YOUR struggles. And they’ll keep coming after you unless you fight back. That’s why we do what we do at Delancey Street. There’s a reason we focus on business debt relief. It’s because we know the pain MCAs cause. We know how hard it is to run a business under those crushing payments. And we know how to help.
I’ve seen businesses on the brink of bankruptcy turn it all around with the right legal strategy. MCA lenders want you to think you’re stuck—but you’re not. Let me tell you about one Omaha business. They were drowning in MCA debt—$100k in fixed payments every month. We took that, argued it was a loan, and brought those payments down to $20k. THAT’S what we do. Another client? They had FOUR MCAs. They thought bankruptcy was the only way out. We consolidated, restructured, and now they’re thriving. It’s possible. And we didn’t just stop at restructuring. We fought to eliminate the personal guarantees. We fought to protect the business owners. And we WON. Let’s be clear—partial wins are still wins. We might not eliminate all the debt, but reducing it can make all the difference. When we reduce your debt by 30%, 50%, or even more, that’s a victory. And it’s possible with the right legal strategy. If you’re dealing with an MCA in Omaha, you need to know that there IS a way out. And we’ll help you find it.
