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07-11-2024, 03:08 PM #10
- Join Date
- Feb 2017
- Posts
- 3,450
Emerge Law considers it, but that's marketing to convince people to come and spend money to try to get their MCAs taken care of.
Did you try putting my answer through ChatGPT? I can find you a lot of MCA companies who will write on their websites that an MCA isn't a loan. Backd, altLine, OnDeck, to name a few on a quick Google search.
Try to quote me actual case law. This has been tried time and time again in NY state to make it a loan and therefore illegal usury, and they keep losing! https://debanked.com/2021/06/new-yor...are-not-loans/
Sometimes MCAs are loans, and that's when the exception is when the guaranteed payment is there, and the funders won't do reconciliation or push it off, etc etc. MCAs are not guaranteed "enough" to pass the muster to make them loans.
Bankruptcy erases loans and MCAs, but that doesn't prove that an MCA is a loan. It just proves that bankruptcy law is a blanket law, and loans and MCAs are a subset that are included. The point is that you don't need to file bankruptcy in order to get out of an MCA. The logical concept at play here is known as commonality vs. identity AKA the shared attribute fallacy. To be simple: Just because two people look similar, play pitcher, are both 6'4", and redheads with beards and have the same name..... doesn't make them the same person, and doesn't make them brothers. Google Brady Feigl.
I would like you to double-check me on ChatGPT.
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