Ch. 7 Ruling Is Warning For Merchant Cash Advance Providers
Court ruling recharacterizes MCA agreements as loans, exposing funders to multi-million-dollar preference liability.
July 18, 2025
Ch. 7 Ruling Is Warning For Merchant Cash Advance ProvidersCourt ruling recharacterizes MCA agreements as loans, exposing funders to multi-million-dollar preference liability.July 18, 2025 Law360 A recent bankruptcy court ruling in In re: JPR Mechanical Inc. delivers a major warning to MCA providers: labels won’t protect you if your agreement looks like a loan. The court ordered a provider to return over $3 million in payments after recharacterizing its contracts as disguised debt. This decision underscores the growing risk of preference exposure, especially when reconciliation terms are weak or procedural missteps occur. With courts increasingly focused on economic substance over form, MCA funders should take note. Read the full analysis to see what this means for your contracts, litigation strategy, and compliance risk. Latest Insights
Latest News
Latest Events
client news June 09, 2026 Eversheds Sutherland powers 12 key deals for Gresham House Energy Storage F... client news June 04, 2026 Next stop, public ownership: Eversheds Sutherland advises DfT on GTR transi... client news June 04, 2026 Advising Howden Joinery Group plc on £390m DIY Kitchens acquisition client news June 03, 2026 A blueprint for growth: Eversheds Sutherland supports Leonard Design Group ... |