“Mr. Rosen has extensive experience and has achieved
an excellent result for his client”
-Hon. Jack L. Libert
New York Supreme Court Justice
Gene Rosen’s Law Firm serves all of the legal needs of the Merchant Cash Advance industry.
Collections
Collections serves an important function in increasing a funder’s profitability. Gene Rosen’s Law Firm implements strategies developed over years of experience to maximize collections as efficiently as possible. The firm strives to provide its clients with quality representation while prioritizing the objective of recovering money. The firm’s collection services include the following:
- Demand letters
- UCC letters
- Confessions of judgment
- Litigation
- Arbitration
- Freezing bank accounts and merchant accounts
- Wage garnishment
- Levies on real and personal property
- Turnovers
- Investigations
- Debtor examinations
- Installment payment orders
- Contempt proceedings
- Fraudulent conveyance claims
- Piercing corporate veil claims
- Domestication of judgments for collection in other states
Litigation
Gene Rosen’s Law Firm regularly appears in state and federal courts and before independent arbitration tribunals. The firm has been recognized in court for obtaining excellent results for funders and has obtained many favorable reported decisions for its clients on a variety of legal issues involving MCAs. One such result was a landmark decision in bankruptcy court ruling that merchants’ payments under MCAs are not preferential or fraudulent transfers. The firm handles all aspects of litigation for funders including:
- Judgment enforcement
- Usury claims
- Illegality claims
- Forgery claims
- Fraud claims
- Preferential transfer claims
- Fraudulent transfer claims
- Tortious interference claims against debt settlement companies
- Appeals
- Employment disputes
Bankruptcy
Gene Rosen’s Law Firm preserves funders’ rights in bankruptcy cases handling the following:
- Proof of claim
- Adversary proceedings
- Objections
- Preferential and fraudulent transfer claims
- Challenges to dischargeability and objections to discharge
Contracts
Gene Rosen’s Law Firm prepares, reviews, and revises many forms of contracts for funders:
- Funding agreements
- Employment agreements
- Contractor agreements
- Underwriter agreements
- ISO agreements
- Syndication agreements
- Participation agreements
- Investment agreements
Securities
Funders may need to make regulatory filings depending on how they raise capital for their operations. Gene Rosen’s Law Firm can assist funders in the registration process.
Legal Compliance
Gene Rosen’s Law Firm assists funders and ISOs by providing them with opinion letters on a broad range of legal issues affecting their operations and by conducting mock audits and providing other services to ensure that funders and ISOs operate in full compliance with the law.
Business Formation
Gene Rosen’s Law Firm assists funders and ISOs in the process of forming and organizing their businesses, including the following:
- Formation of corporations
- Organization of LLCs
- Formation of partnerships
- Obtaining tax identification numbers from IRS
- S corporation elections
- Applications for authority
- Bylaws
- Operating agreements
- Meeting minutes
- Certificates of change
- Certificates of amendment
MCA Decisions
Click here for a list of decisions on MCA cases.
MCA Laws and Regulations
Click here for MCA Laws and Regulations
Videos
Click here to view videos of insights on and analysis of legal issues affecting the MCA industry.