Bonus Episode 2: Merchant Cash Advances / MCAs

Caution: Be sure you speak to a CRO or Lawyer before filing for Bankruptcy. This podcast is meant to educate and is not financial or legal advice

Welcome to Corporate Bankruptcy A to Z, a show designed to educate you on the ins and outs and the dos and don’ts of corporate bankruptcy. On this show, you will hear experts from every step of the bankruptcy process answer the questions that you will need to know, from the simple to the complex.

05:19 – Definition of a Merchant Cash Advance, MCA
05:50 – Purchase of future receivable
06:18 – Is an MCA and advance or a loan?
06:43 – The MCA type loan is against a future receivable that may never exist
07:53 – Primary lender attitudes towards MCAs
09:19 – Confession of Judgement and the impact on the company
12:11 – What happens when a judgement is filed.
13:56 – MCA vs. conventional loans – differences
16:47 – Usurious interest rates and their tactics to collect
17:40 – Usury laws. Different states have different laws.
19:25 – Does a future receivable equate to a company asset?
22:26 – The MCA takes money from the company’s bank account. Wire or ACH.
23:50 – Company options if it cannot pay the MCA
25:01 – Should MCA companies fear litigation against the company
25:15 – Legal defenses for the company
27.46 – Lender liability laws
29:57 – Recommendations when fighting an MCA
32:06 – Interesting case study

Guest Info:
Marc Mellman spent 20 years as a trial attorney representing banks and financial institutions, 10 years as the chief operating officer of a global energy and environmental brokerage house, and for the past 16 years as a senior executive, general counsel, and management consultant in the factoring and financial services industries. Marc is both the Founder and Managing Director of Clermont Strategic Consulting, a full-service management consulting firm, and the Founder of MCA Stacking Solutions.

Call him at (973) 868-0767 or email

Host Info:
Neil Goldstein (AKA the Workout Guy) is the founder of Elementary Business inc. a specialized consulting firm for distressed businesses and entities in transition. With many successes in his portfolio, Mr. Goldstein focuses on the needs of the owner to achieve results in profitability, sale of the company or finding a partner for growth.
Neil’s book is now available on
Call 940-808-9451 or Email or visit

Stephen B. Ravin is a highly seasoned insolvency and bankruptcy attorney, with more than 40 years experience. He has served as a trustee and has represented trustees, individual and corporate debtors, creditors, creditors’ committees, assignees for the benefit of creditors and receivers.
Call 973-286-6714. Or email him You can also visit his firm’s website at

Want more content? Then head over to Patreon and become a member. On Patreon we are working on a catalogue of bonus episodes and you can hear the answers to your questions from a business perspective instead of just a legal one. If you want more direct access to Neil and Steve or want to supplement the education you are already getting here, then follow the link in the show notes below and become a Patron today.

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