This panel examines key issues related to the treatment of merchant cash advance loans in bankruptcy proceedings.
Learning Objectives:
- Attendees will understand the structure of merchant cash advance (MCA) agreements and the circumstances inwhich they may be treated as loans in bankruptcy proceedings.
- Attendees will examine potential claims and defenses involving MCA finance companies, includingrecharacterization and avoidance theories.
- Attendees will analyze the treatment of MCA claims in bankruptcy cases, including issues of priority, enforceability, and evolving case law.