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5 Bills That Should Come Before Your MCA (A Priority Guide for Struggling Owners)

The MCA funder is not your most important creditor. The funder is your most insistent one. These are different things.

When cash is insufficient to satisfy every obligation, the business owner must impose a hierarchy that the automated ACH withdrawal does not respect. The hierarchy should reflect three criteria: legal enforceability (obligations backed by statute outrank those backed by contract), operational necessity (expenses that keep the business running outrank those that service debt), and negotiability (obligations with legal remedies can be deferred while they are being addressed).

By these criteria, five categories of expense take priority over the MCA payment.

Payroll and Payroll Taxes

The obligation is statutory. The penalties are automatic. Personal liability attaches to the responsible officer. Employees who are not paid leave. Revenue declines. The MCA becomes less serviceable, not more.

Rent or Mortgage on Business Premises

Eviction or foreclosure eliminates the physical space in which the business operates. The landlord's remedies (eviction proceedings, lease termination) are not subject to the negotiation strategies available for MCA debt.

Business Insurance

Coverage lapses create uninsured exposure. Workers' compensation cancellation may constitute a legal violation. Reinstatement premiums exceed continuation premiums. The cost of a lapse exceeds the cost of the payment.

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Essential Vendors and Suppliers

The vendors who supply the materials or inventory the business sells are the revenue pipeline. A vendor on COD terms or a suspended account reduces the business's capacity to generate the revenue that every creditor, including the MCA funder, depends on.

Tax Obligations

Quarterly estimated taxes, sales tax remittances, and other government obligations carry penalties, interest, and in some cases, personal liability. The IRS and state taxing authorities have enforcement powers that exceed those of any commercial creditor.

The MCA: Last in Priority, First in Addressability

Todd Spodek
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Todd Spodek

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Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

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The MCA payment falls below these five categories because it is the obligation with the most legal options for reduction or elimination. Reconciliation, settlement, usury challenge, contract reclassification, and bankruptcy protection are all available remedies that an attorney can pursue while the business continues to operate and pay its essential expenses.

Pay the bills that have no remedy first. Address the one that does, second.

An attorney can formalize this priority structure, communicate it to the MCA funders, and initiate the legal process that resolves the MCA obligation on terms the business can survive. The consultation is free. The clarity it provides is the most valuable thing a struggling business owner can receive this week.

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ABOUT THE AUTHOR

Todd Spodek

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With decades of experience in high-stakes federal criminal defense, Todd Spodek has built a reputation for aggressive, strategic representation. Featured on Netflix's "Inventing Anna," he has successfully defended clients facing federal charges, white-collar allegations, and complex criminal cases in federal courts nationwide.

Bar Admissions: New York State Bar New Jersey State Bar U.S. District Court, SDNY U.S. District Court, EDNY
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