Business & Corporate Litigation Lawyer Deerfield Beach
Business and corporate debt disputes require a strategy that addresses the lawsuit, the operating cash flow, the collateral, and the owner’s personal exposure at the same time. The Law Office of Adam I. Skolnik, P.A. handles debt-adjacent commercial litigation involving personal guaranties, merchant cash advance agreements, UCC financing statements and secured-creditor remedies, commercial lease defaults, and state-court liquidation through an Assignment for the Benefit of Creditors under Chapter 727, Florida Statutes. Personal guaranty defense begins with the signed instrument, the underlying business obligation, notices, amendments, payment history, releases, conditions precedent, and the amount claimed. MCA disputes may involve reconciliation rights, fixed daily or weekly withdrawals, stacking, defaults, receivables redirection, UCC liens, account restraints, personal guaranties, and arguments that the transaction should be treated as a loan rather than a true purchase of future receivables. Florida law makes a pre-suit power of attorney to confess judgment void, while an out-of-state judgment or attempted confession-of-judgment remedy requires separate jurisdiction, notice, recognition, and enforcement analysis. Commercial lease litigation may involve possession, accelerated rent, common-area charges, guaranties, landlord liens, distress remedies, surrender, mitigation issues, and negotiated exits. When litigation alone cannot restore a workable balance sheet, the firm coordinates defense and settlement strategy with Chapter 11, Subchapter V, consensual workouts, or a Chapter 727 Assignment for the Benefit of Creditors.
Business and Corporate Litigation Services
Focused representation for personal guaranties, merchant cash advances, UCC remedies, stacked financing, commercial leases, Chapter 727 assignments, and litigation coordinated with restructuring.
Personal Guaranty Defense
A personal guaranty can expose an owner, officer, spouse, or other signer to liability for a company obligation. The review begins with the exact guaranty language, the underlying note or agreement, execution and authority, notices, conditions precedent, amendments, extensions, payment history, collateral proceeds, releases, settlement communications, and the amount claimed. Defenses and leverage are contract-specific; changing the business obligation without addressing the guaranty can create additional disputes rather than eliminate exposure.
Guaranty ReviewMCA Litigation
Merchant cash advance disputes often arise when fixed withdrawals continue despite reduced receivables, reconciliation requests are denied, defaults are declared, or multiple funders compete for the same revenue. The firm reviews the purchased-percentage structure, reconciliation provision, estimated term, recourse, default triggers, bank authorizations, receivables instructions, guaranties, fees, and actual performance. Litigation and workout strategy must account for daily cash needs, payroll, taxes, vendors, secured claims, and the risk of account disruption.
MCA Dispute ReviewUCC and Receivables
MCA funders and commercial lenders may file UCC financing statements covering accounts, receivables, inventory, equipment, or other business assets. A filing alone does not answer every question about attachment, perfection, priority, scope, default, or enforcement. The analysis may include the security agreement, collateral description, debtor name, filing location, competing liens, deposit-account control, receivables notices, payoff demands, termination statements, and whether attempted remedies exceed the contract or Article 9.
UCC StrategyJudgment Tactics
Some commercial funding agreements invoke confession-of-judgment language, powers of attorney, or rapid out-of-state judgment procedures. Florida Statutes section 55.05 makes a pre-suit power of attorney to confess or suffer judgment void. A judgment entered elsewhere may present separate issues involving jurisdiction, service, due process, contractual forum provisions, recognition, domestication, stays, and enforcement in Florida. The documents and procedural history should be reviewed before accounts, receivables, or assets are surrendered.
Judgment ReviewStacked MCA Debt
Stacking occurs when a business takes multiple advances or receivables purchases whose withdrawals overlap. The combined debits can consume operating revenue, trigger cross-defaults, impair payroll and taxes, and create competing UCC or receivables claims. A complete review maps every funding date, purchased amount, remittance, payoff, default, lien, guaranty, bank authorization, and reconciliation request. The goal is to identify priority, contract defenses, workout options, and whether a coordinated restructuring is more effective than isolated negotiations.
Stacking AnalysisLoan Recharacterization
An agreement labeled a purchase of future receivables is not automatically treated as a loan, and not every MCA supports a usury defense. Courts examine the transaction’s substance, including whether remittances genuinely adjust with receivables, whether the term is finite, whether the funder bears a meaningful risk of noncollection, and whether recourse makes repayment effectively absolute. Recharacterization and usury arguments require the agreement, payment history, reconciliation conduct, default provisions, financial records, and governing-law analysis.
Transaction AnalysisCommercial Lease Defaults
Commercial lease disputes may involve unpaid base rent, common-area maintenance charges, taxes, insurance, repairs, use restrictions, personal guaranties, acceleration, possession, landlord liens, distress for rent, surrender, abandonment, reletting, and negotiated termination. Florida’s nonresidential tenancy statutes and the written lease both matter. Early review can separate possession deadlines from damages issues and coordinate a business exit, settlement, continued occupancy, or restructuring before inventory, equipment, receivables, and guarantors are exposed.
Lease Default ReviewChapter 727 ABC
An Assignment for the Benefit of Creditors is a Florida state-court liquidation under Chapter 727. The business transfers its nonexempt assets to an independent assignee, who takes possession, preserves and liquidates the estate, collects claims, and distributes available proceeds according to statutory priorities and court orders. An ABC can provide an organized alternative to a federal bankruptcy liquidation, but it does not provide the same automatic stay, reorganization process, or discharge, and personal guaranties or other third-party liabilities require separate treatment.
ABC ProcessCommercial Litigation Information
How Business Debt Litigation Is Evaluated
The process connects the pleadings and contracts to cash flow, collateral, guarantor exposure, settlement leverage, and the restructuring path that best protects the operating business or maximizes an orderly exit.
Review the Deadline
Summonses, complaints, notices of default, UCC notices, account-control demands, lease notices, and foreign judgments can create different deadlines. The first step is to preserve every document, confirm service, identify the forum and governing law, and determine what response, objection, stay request, or negotiation must occur before rights are lost or remedies accelerate.
Review the MatterBuild the Record
Gather the guaranty, funding agreement, security agreement, UCC filings, bank authorizations, reconciliation requests, payment history, lease, amendments, notices, financial statements, tax records, receivables reports, bank statements, communications, and settlement proposals. A reliable chronology can reveal assignment gaps, calculation errors, unfulfilled conditions, waived defaults, priority disputes, and the business purpose behind a proposed resolution.
Organize DocumentsTest the Remedies
The review asks whether the claimant has standing, whether the guaranty and collateral documents cover the relief demanded, whether a UCC interest attached and was perfected, whether default and notice requirements were met, and whether account restraints, receivables notices, confession-of-judgment tactics, distress remedies, or accelerated damages comply with the contract and governing law.
Remedy FAQsStabilize Cash Flow
Legal strategy must be coordinated with payroll, taxes, insurance, vendors, rent, inventory, and customer relationships. The firm evaluates whether reconciliation, a standstill, a forbearance, lien release, payment restructuring, surrender, receivables protocol, or emergency court relief can reduce disruption while preserving records and avoiding unauthorized transfers or preferential treatment.
MCA IssuesLitigate or Resolve
A commercial dispute may proceed through pleadings, injunction practice, discovery, document production, depositions, valuation, mediation, settlement, summary judgment, trial, or enforcement. A proposed resolution should address the business and guarantors, releases, liens, UCC terminations, account instructions, dismissal, confidentiality, defaults, cure rights, collateral disposition, tax consequences, and what happens if projections change.
Discuss StrategyCoordinate Restructuring
When the company cannot satisfy all obligations as they mature, litigation should be evaluated together with a consensual workout, Chapter 11 or Subchapter V reorganization, an asset sale, negotiated wind-down, or Chapter 727 Assignment for the Benefit of Creditors. The best path depends on operations, secured debt, leases, executory contracts, guaranties, avoidance risk, tax obligations, creditor concentration, and the value preserved by continued operation versus liquidation.
Restructuring OptionsBusiness and Corporate Matters the Firm Handles
Each matter requires coordinated review of the operating company, owners and guarantors, contracts, collateral, cash flow, litigation deadlines, and restructuring alternatives.
Guaranties and MCA Claims
Representation includes claims arising from business loans, lines of credit, equipment obligations, merchant cash advances, receivables purchases, personal guaranties, cross-defaults, stacked funding, payoff disputes, reconciliation requests, UCC filings, receivables notices, account restraints, and collection or enforcement actions. The strategy evaluates liability, proof, remedies, defenses, settlement, and the company’s ability to continue operating.
Call 561-265-1120Commercial Lease Disputes
The firm handles debt-focused lease matters involving rent defaults, possession, guaranties, accelerated charges, common-area expenses, taxes, insurance, repair obligations, landlord liens, distress for rent, surrender, abandonment, reletting, settlement, and coordination with a sale or restructuring. The lease language, notices, premises condition, payment record, and business plan control the available response.
Call 561-265-1120Chapter 727 Assignments
A Florida ABC places the assignor’s nonexempt assets under an independent assignee and circuit-court supervision for collection, liquidation, claim administration, and distribution. The process requires schedules of creditors and assets, turnover, records, assignee administration, creditor notice, proofs of claim, lien and priority analysis, asset sales, potential litigation, a final report, and discharge of the assignee after administration.
Call 561-265-1120Litigation and Restructuring
Commercial litigation can affect the timing and feasibility of Chapter 11, Subchapter V, an ABC, a receivership request, an asset sale, a workout, or a negotiated closure. The firm coordinates pleadings, injunctions, lien and guaranty exposure, cash-flow demands, claims analysis, settlement terms, transfers, collateral disposition, and creditor communications so the court strategy supports the selected business objective.
Call 561-265-1120
Attorney Adam I. Skolnik
Adam I. Skolnik established his South Florida firm in 2005 and represents business owners, companies, guarantors, debtors, creditors, landlords, tenants, assignors, assignees, and other parties in debt-adjacent commercial litigation and restructuring matters.
His work includes personal guaranty defense, merchant cash advance disputes and workouts, UCC liens and secured-creditor remedies, stacked funding, loan-recharacterization and usury arguments, commercial lease defaults, Chapter 727 Assignments for the Benefit of Creditors, and coordination of litigation with Chapter 11, Subchapter V, settlement, or an orderly wind-down.
Attorney Bio
Education
Adam I. Skolnik graduated with honors from the University of Florida and attended Brooklyn Law School.
Trial Advocacy
While attending Brooklyn Law School, Adam I. Skolnik served as President of the Trial Lawyers Association and participated as a two-year member of the National Trial Team. He received the Judge Doris A. Thompson and Judge Edward Thompson Award for Excellence in Trial Advocacy.
Admissions and Experience
Adam I. Skolnik is listed under Florida Bar Number 728081 and has practiced since 2005. He is admitted to practice in the State of Florida and in federal and bankruptcy courts in Florida. His practice has a substantial focus on matters arising in the Southern District of Florida.
Business and Corporate Litigation Focus
His practice includes personal guaranty litigation, merchant cash advance claims, reconciliation and stacking disputes, UCC liens, receivables and account-control remedies, judgment enforcement, commercial lease defaults, Assignment for the Benefit of Creditors proceedings under Chapter 727, workouts, creditor negotiations, and commercial litigation coordinated with bankruptcy or restructuring strategy.
Contact
The Law Office of Adam I. Skolnik, P.A.
1761 West Hillsboro Boulevard, Suite 207
Deerfield Beach, FL 33442
Discuss a Business or Corporate Litigation Matter
Speak with the firm about a personal guaranty, merchant cash advance, UCC lien, stacked funding, judgment tactic, commercial lease default, Chapter 727 Assignment for the Benefit of Creditors, or litigation coordinated with restructuring.
Business and Corporate Litigation Questions
Plain-language answers about guaranties, merchant cash advances, UCC remedies, stacking, judgment tactics, commercial leases, Chapter 727 assignments, and restructuring coordination.
What Business and Corporate Litigation Matters Does the Firm Handle?
The firm focuses on debt-adjacent commercial disputes, including personal guaranties, merchant cash advances, UCC liens and secured-creditor remedies, stacked financing, commercial lease defaults, Chapter 727 Assignments for the Benefit of Creditors, and litigation coordinated with Chapter 11, Subchapter V, workouts, or an orderly wind-down. Call 561-265-1120.
What Defenses May Apply to a Personal Guaranty?
The available defenses depend on the guaranty and underlying obligation. Issues may include execution, authority, scope, conditions precedent, notice, amendments, extensions, releases, payment, collateral proceeds, calculation of damages, waiver, estoppel, fraud, duress, settlement, and whether the claimant owns and can enforce the obligation. The signed documents and complete payment history should be reviewed. Call 561-265-1120.
What Is a Merchant Cash Advance and Why Does It Lead to Litigation?
An MCA commonly provides an upfront purchase price in exchange for a stated percentage of future business receivables collected through daily or weekly remittances. Disputes arise over reconciliation, fixed withdrawals, reduced sales, defaults, stacking, bank authorizations, receivables redirection, UCC liens, guaranties, fees, and whether the funder actually assumed the risk that receivables might decline. Call 561-265-1120.
Can an MCA Be Recharacterized as a Loan or Challenged as Usurious?
Possibly, but not every MCA is a loan and the label alone does not decide the issue. Courts examine the transaction’s substance, including whether payments genuinely reconcile with receivables, whether the term is finite, whether repayment is effectively absolute, and whether recourse shifts all risk to the merchant. A usury argument also depends on governing law, the amount advanced and repaid, charges, and the legal characterization of the transaction. Call 561-265-1120.
What Is MCA Stacking?
Stacking occurs when a business has multiple advances or receivables purchases with overlapping withdrawals. The combined debits may consume operating cash, trigger cross-defaults, create competing liens or receivables claims, and make separate settlements unstable. A stacking analysis maps each agreement, funding and payoff, withdrawal, lien, guaranty, default, reconciliation request, and priority claim before a coordinated workout or restructuring is proposed. Call 561-265-1120.
How Can a UCC Filing or Receivables Notice Affect a Business?
A secured party may file a financing statement and claim an interest in accounts, receivables, inventory, equipment, or other collateral. Enforcement may include notices to account debtors, disposition of collateral, or other Article 9 remedies after default. The legal effect depends on attachment, perfection, priority, the collateral description, debtor name, filing location, control, notices, and compliance with the agreement and governing law. Call 561-265-1120.
Are Confession-of-Judgment Provisions Enforceable in Florida?
Florida Statutes section 55.05 makes a pre-suit power of attorney to confess or suffer judgment void. When a creditor relies on a judgment entered in another jurisdiction, separate questions may involve personal jurisdiction, service, due process, forum provisions, recognition, domestication, available stays, and defenses to enforcement. The agreement and complete court record should be reviewed promptly. Call 561-265-1120.
What Happens After a Commercial Lease Default?
A landlord may pursue possession and monetary remedies under the lease and Florida law. Disputes may involve rent notices, the court registry, accelerated rent, common-area charges, taxes, insurance, repairs, guaranties, landlord liens, distress for rent, surrender, abandonment, reletting, and damages. The response should distinguish the possession deadline from the longer-term damages and guaranty issues. Call 561-265-1120.
What Is an Assignment for the Benefit of Creditors Under Chapter 727?
A Florida ABC is a state-court liquidation in which an assignor transfers nonexempt assets to an independent assignee. The assignee takes possession, preserves and liquidates the estate, collects claims, gives creditor notice, administers proofs of claim, and distributes available proceeds under statutory priorities and court supervision. It is not a Chapter 7 or Chapter 11 case and does not provide the same automatic stay, reorganization, or discharge. Call 561-265-1120.
How Is Commercial Litigation Coordinated With Restructuring?
The firm evaluates litigation together with cash flow, secured debt, leases, guaranties, taxes, creditor concentration, collateral value, transfer risk, and the cost of continued operations. The available path may include a standstill, workout, settlement, asset sale, Chapter 11 or Subchapter V case, Chapter 727 ABC, or negotiated wind-down. Court filings and settlement terms should support the selected restructuring objective rather than undermine it. Call 561-265-1120.
Contact The Law Office of Adam I. Skolnik, P.A.
Call or submit the form to discuss a personal guaranty, merchant cash advance, UCC lien, stacked funding, judgment tactic, commercial lease default, Chapter 727 assignment, workout, or restructuring-related dispute.
Office Information
1761 West Hillsboro Boulevard, Suite 207Deerfield Beach, FL 33442
Phone
561-265-1120
Email
askolnik@skolniklawpa.com
Business Hours
Monday through Friday
9:00 AM to 12:00 PM and 1:00 PM to 5:00 PM
Saturday and Sunday: Closed
Powered by The Law Law Office of Adam I. Skolniok | Website Designed by Cal’s Digital Marketing