Merchant Cash Advances

This panel examines the unique challenges that Merchant Cash Advances (MCAs) present in subchapter V bankruptcy cases, including disputes over characterization as true sales versus disguised loans. The panelists discuss how courts have analyzed MCA agreements, the implications of recharacterization, and the impact on creditor rights and debtor restructuring efforts. Attendees will gain insight into emerging case law, confirmation issues, and strategies for addressing MCA claims pre-filing and within the subchapter V framework.Learning Objectives:Attendees will analyze how merchant cash advance (MCA) transactions are characterized in Subchapter V bankruptcy cases and evaluate the legal factors courts use to distinguish true sales from disguised loans.Attendees will identify and assess recent case law developments involving MCA agreements, including the implications of recharacterization determinations on creditors’ rights and debtors’ restructuring efforts.Attendees will apply practical strategies for addressing MCA-related claims, confirmation issues, and litigation considerations both before filing and throughout the Subchapter V bankruptcy process.

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.

Featuring the regional judges of the Rocky Mountain Bankruptcy Conference, this session will strive to answer questions you have on current issues.Learning Objectives:Attendees will identify current issues and emerging trends in bankruptcy practice as viewed from the perspective of regional bankruptcy judges.Attendees will gain insight into judicial expectations, procedural preferences, and effective advocacy strategies in bankruptcy court.Attendees will analyze common challenges and questions arising in bankruptcy cases and how courts are addressing them in practice.