Join host Harris Cohen in conversation with Buchalter attorney Nikki Cohen for a wide-ranging discussion of Merchant Cash Advance Agreements (“MCAA”). They start with the basics, such as what is a MCAA, and take you through key drafting points and litigation issues. But they don’t stop there. When all goes well, the thorny issues don’t arise, so they delve into the dark crevices and give tips about drafting mistakes and performance mistake to avoid. They also discuss what happens when the seller files bankruptcy before the buyer collects all the receivables it purchased. It’s a wild ride for the buyer and definitely worth the time to listen to.
Cases discussed:
In re Shoot the Moon, 635 B.R. 797 (Bankr. D. MT 2021)
In re Texas Tri-Collar, Inc., 29 B.R. 724 (Bankr. W.D. LA 1983)
In re Diversified Traffic Services, Inc., 2010 WL 2179620 (Bankr. S.D. GA 2010)
In re Hill, 589 B.R. 614 (Bankr. N.D. IL 2018)
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