A merchant bankruptcy poses several dangers for revenue-based commercial funders. Most obviously, from a business standpoint, bankruptcy disrupts the merchant's ongoing revenue generation and the transfer of revenue to the...more
3/2/2026
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Loans ,
Merchant Cash Advance (MCA) ,
Merchants ,
Recharacterization ,
Usury
For those interested in all things "Interest" related, we provide a summary of recent state and federal court cases involving usury, finance charges, and interest rates, as they relate to the consumer and commercial credit...more
1/27/2026
/ Commercial Loans ,
Consumer Financial Contracts ,
Consumer Financial Products ,
Consumer Lenders ,
Contract Terms ,
Enforcement Actions ,
Finance Charges ,
Interest Rates ,
Loans ,
Statutory Interpretation ,
Usury
For all those interested in all things "Interest" related, we provide a summary of recent state and federal court cases involving usury, finance charges, and interest rates, as they relate to the consumer and commercial...more
10/2/2025
/ Choice-of-Law ,
Class Action ,
Commercial Loans ,
Consumer Financial Contracts ,
Consumer Lenders ,
Earned Wage Access ,
Finance Charges ,
Forbearance Agreements ,
Loans ,
Pending Litigation ,
Regulation Z ,
Truth in Lending Act (TILA) ,
Unconscionable Contracts ,
Usury
A recent case out of Georgia involved a contractor's licensing failure voiding the construction loan that was financing the project. However, there was a twist....well, several twists—a contractor who was also a lender, an...more
9/2/2025
/ Appellate Courts ,
Commercial Loans ,
Construction Contracts ,
Construction Industry ,
Construction Loans ,
Contract Disputes ,
Contractor's License ,
General Contractors ,
Lenders ,
Promissory Notes ,
Real Estate Development ,
Void and Unenforceable
Folks in the consumer credit industry know that it can be easy to run afoul of collection restrictions. From the number of times you are allowed to contact a delinquent buyer to what you are allowed to say when you do make...more
The Arkansas legislature recently passed House Bill 1517, which creates an earned wage access law in the state. It will be one of the relatively few such laws in the country. One interesting question is whether the law...more
In many states, a company that services a residential mortgage loan by collecting payments from borrowers must hold a mortgage servicer license. What can come as a surprise, however, is that those licenses can also apply to...more
It is usually no surprise to companies operating in the financial services space that they may need a state license to make or service consumer loans. That is particularly true when the loans are highly regulated residential...more
Recovering collateral after default is rarely easy. In addition to the physical and practical difficulties of repossession, compliance is often a costly and complex issue. And, as is often the case, technological innovations...more
Among the many state licenses that can impact financial services companies, money transmitter licensing can be among the harder to figure out. In addition to uncertainties about digital currency and developing technologies,...more
One of the more nuanced licensing issues that can arise under state credit laws is the need for individual mortgage loan originators (MLOs) to be licensed. On its face, the MLO license seems relatively straightforward....more
As the pandemic continues to change the economic landscape, financial services companies and investors may be looking to make strategic acquisitions. Among the numerous business and legal considerations that go into those...more