Business & Corporate Litigation Lawyer Deerfield Beach

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.