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Massachusetts Bankruptcy Attorneys

5 Reasons Small Businesses Are Choosing Subchapter V Bankruptcy

5 Reasons Small Businesses Are Choosing Subchapter V Bankruptcy

Running a small business can be rewarding, but it can also come with significant financial risk. When a business faces mounting debt, declining revenue, lawsuits, or creditor pressure, bankruptcy may provide an opportunity to restructure the business and continue operating. For many eligible small businesses, Subchapter V of Chapter 11 has become an increasingly attractive…
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Are Merchant Cash Advances Really Loans? Why It Matters

Are Merchant Cash Advances Really Loans? Why It Matters

Many small business owners turn to Merchant Cash Advances (“MCAs”) when traditional financing is unavailable. MCA companies often advertise quick approvals, minimal underwriting, and funding within days. For businesses facing cash flow problems, that can sound like an attractive solution. However, many business owners are surprised to learn that MCA companies typically insist that they…
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Credit Card Debt is at Record Levels: When Should You Consider Bankruptcy?

Credit Card Debt is at Record Levels: When Should You Consider Bankruptcy?

Americans are carrying more credit card debt than ever before. Rising interest rates, inflation, increasing housing costs, and stagnant wages have left many families relying on credit cards to cover everyday expenses. While credit cards can provide temporary financial flexibility, they can quickly become overwhelming when balances grow faster than they can be repaid. If…
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Are You Personally Liable for an SBA EIDL Loan?

Are You Personally Liable for an SBA EIDL Loan?

Understanding Personal Guarantees and Your Options. During the COVID-19 pandemic, thousands of small businesses turned to Economic Injury Disaster Loans (EIDL) offered through the U.S. Small Business Administration (SBA) to survive unprecedented economic challenges. While these loans provided much-needed relief, many business owners are now discovering that repayment obligations can create significant financial stress. One…
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Merchant Cash Advances

New York Court Delivers Major Blow to Predatory Merchant Cash Advances

For years, merchant cash advance (“MCA”) companies have defended lawsuits by arguing that their products are not loans at all. Instead, they claim to be purchasing a percentage of a business’s future receivables. Because usury laws generally apply only to loans, this distinction has allowed MCA companies to avoid challenges based on excessive interest rates.…
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What Is Subchapter V Bankruptcy and Why Are Small Businesses Using It?

What Is Subchapter V Bankruptcy and Why Are Small Businesses Using It?

For many struggling small businesses, traditional Chapter 11 bankruptcy has historically been too expensive, too slow, and too complicated to provide a realistic path to reorganization. That changed in 2020 with the creation of Subchapter V of Chapter 11 under the Small Business Reorganization Act (“SBRA”). Subchapter V was designed specifically to help small businesses…
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Merchant Cash Advances in Massachusetts: Three Things Business Owners Should Know Before Signing

Merchant Cash Advances in Massachusetts: Three Things Business Owners Should Know Before Signing

Merchant Cash Advances (“MCAs”) have become increasingly common among small businesses looking for fast access to working capital. Restaurants, contractors, retailers, trucking companies, and seasonal businesses are often targeted with advertisements promising “same day funding,” “no credit requirements,” and “simple repayment through future sales.” For businesses facing cash flow pressure, an MCA can appear attractive…
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Buying a business in Massachusetts

Considerations for Negotiating a Purchase and Sale Agreement When Selling Your Business in Massachusetts

Selling your business is one of the biggest decisions you’ll ever make. Whether you’ve built it from the ground up or taken it over from a family member, the process of selling can feel overwhelming. At the heart of the sale is the Purchase and Sale Agreement (often called the “P&S” or “purchase agreement”). This…
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What Buyers Should Know About Legal Due Diligence When Purchasing a Business in Massachusetts

What Buyers Should Know About Legal Due Diligence When Purchasing a Business in Massachusetts

Buying a business is an exciting opportunity, but it’s also a major investment that carries risks if you don’t look closely before signing on the dotted line. That’s where legal due diligence comes in. Think of it as a detailed “legal check-up” on the company you’re buying. Done right, it helps you confirm what you’re…
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Understanding the Process and Common Pitfalls of Transferring a Liquor License in Massachusetts

Understanding the Process and Common Pitfalls of Transferring a Liquor License in Massachusetts

In Massachusetts, the sale and service of alcoholic beverages is tightly regulated by both the Alcoholic Beverages Control Commission (ABCC) and local licensing authorities. A liquor license is not a simple, transferable asset like a piece of furniture—it is a regulated privilege. Transferring ownership requires careful compliance with statutory and municipal procedures. Understanding Who Regulates…
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