7 Ways to Keep Your Doors Open When MCA Payments Are Eating Everything
The business is viable. The debt structure is not. These are different problems with different solutions.
A business that generates revenue, serves customers, and employs people is not failing. It is carrying an obligation that exceeds its capacity. The obligation was priced for a moment that has passed. The business continues to exist in the present. The gap between the two is the space that must be managed, and managing it is not a financial exercise. It is a legal one.
Separate Operating Funds from MCA Accounts
The parallel bank account is the first and most urgent structural change. New receivables flow to the new account. Payroll, rent, insurance, and vendor payments process from the new account. The original account, linked to the ACH authorizations, is not closed. It is quarantined.
Invoke Reconciliation on Every Agreement
Formal written requests, supported by documentation, sent to every funder simultaneously. The requests reduce the daily payment if honored. They create legal leverage if denied.
Prioritize Statutory Obligations Over Contractual Ones
Payroll, taxes, insurance, and rent before MCA payments. This priority preserves the business's ability to operate, which preserves the revenue that any resolution depends on.
Stop Accepting New Advances
Every offer from a broker, every "reverse consolidation," every suggestion that a new advance will solve the problem, is a proposal to increase the total obligation while extinguishing existing legal defenses. The answer is no.
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Negotiate Through Counsel, Not Directly
An attorney's letter changes the funder's calculus. It introduces the possibility of counterclaims, usury challenges, and protracted litigation. The funder who expected a default judgment now faces a contested matter. Settlement terms improve.
Consider Chapter 11 as a Strategic Tool, Not a Failure
Chapter 11 reorganization invokes the automatic stay, which halts all MCA withdrawals, freezes, and collection activity simultaneously. The business continues to operate. Debts are restructured under court supervision. The stigma of bankruptcy is real, but the protection it provides is more real.
Todd Spodek
Lead Attorney & Founder
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.
Assess Every Agreement for Legal Vulnerability
In stacked MCA portfolios, at least one agreement typically contains a clause or structure that is vulnerable to challenge: an illusory reconciliation provision, a defective confession of judgment, a fixed-payment structure that supports reclassification as a loan. Identifying the weakest agreement in the stack and challenging it reduces the total obligation and improves the business's financial position.
The doors stay open because someone examined the obligations that were threatening to close them and determined which ones were enforceable, which were negotiable, and which were neither. That examination is the consultation. The consultation is free. The business it preserves is not.
