Business Debt Restructuring in Delaware: 7 Laws That Change Your Leverage (2026)
Two Very Different People Are Reading This Page
One of you operates in Delaware: the storefront is in Wilmington or Dover or Milford, the trucks are registered here, the payroll runs to people who live here. The other one of you has never set foot in the state and never will, because the only Delaware thing about your business is a certificate of formation and a registered agent on Orange Street who forwards your annual report notice every spring. Both of you searched the same phrase after a funder started debiting daily, and almost every page that came back treats you as the same reader, which is the single most expensive mistake available on this subject.
The rule that separates you is old and narrow. 6 Del. C. §18-901(a)(1) says the law of the state where a limited liability company is organized governs its organization, its internal affairs, and the liability of its members and managers, and every other state has written the mirror image of that sentence, which is why your Delaware operating agreement travels with you into Georgia or Texas or New Jersey. Read what the sentence actually lists, because organization, internal affairs and member liability is the entire inventory, and none of it touches the interest rate on a receivables purchase, what a creditor may attach, or what a guarantor keeps. The internal affairs doctrine that Delaware built its economy on, described by the Delaware Supreme Court in McDermott Inc. v. Lewis, 531 A.2d 206 (Del. 1987), is a conflicts rule about the relationship between a corporation and its own shareholders, officers and directors, and it has never been a rule about the relationship between your company and the outside creditor suing it.
So a Delaware certificate is not a choice of law clause, and it does not fight one either. Delaware has a statute that tells you exactly how a contract gets pulled into Delaware law, and it is 6 Del. C. §2708, under which parties who agree in a writing that Delaware law governs, and who are subject to jurisdiction here and may be served, get a conclusive presumption of a significant, material and reasonable relationship with the state whether or not any other relationship exists. That statute needs two things your certificate of formation cannot supply: a written agreement choosing Delaware, and a transaction of at least $100,000, because §2708(c)(2) removes anything smaller. If the funding agreement in your drawer picks New York law and New York venue, as most of this paper does, the fact that your LLC was formed in Dover changes none of it.
What Delaware incorporation does hand a creditor is a courthouse. Your Delaware entity can be served through the registered agent it is required to maintain under 6 Del. C. §18-104, by the method 6 Del. C. §18-105 lays out, or under 8 Del. C. §321 if you are a corporation, and a business is subject to general jurisdiction where it is organized regardless of where it earns a dollar. That is why an out-of-state operator sometimes gets sued in New Castle County by a funder who has never seen the business. The seven rules below are ordered the way a file actually moves: what the paper can do to you before anyone sues, what the money costs, what nobody in Dover requires anybody to tell you, how far back a transfer can be unwound, how fast a judgment reaches an account, which statute your company can sue under, and what is left standing under a personal guaranty when the judgment has your own name on it.
Delancey Street
Important: Delancey Street is not a law firm. They are a business debt and MCA settlement company that works with a nationwide network of licensed attorneys, and those attorneys are the ones who negotiate with your funder, raise legal defenses in court when a case gets there, and close settlements at 30-60% of the outstanding balance. The distinction matters in practice, because when counsel from that network calls a funder, the funder is dealing with someone who can make the file expensive.
They have settled over $100M in business debt. The attorney network handles the whole sequence: stopping the daily ACH debits, challenging UCC liens, answering lawsuits, and drafting settlement agreements that carry full releases and UCC-3 terminations. Most single-position files resolve in 2 to 8 weeks. No upfront fees, and they work in all 50 states.
National Debt Relief
Important: National Debt Relief is not a law firm, and they do not handle MCA-specific litigation, confession-of-judgment challenges, or UCC lien disputes. What they are is the largest debt settlement company in the United States, with an A+ Better Business Bureau rating and more than 550,000 clients served. Where they fit is the debt sitting alongside your advances: credit cards, vendor accounts, and lines of credit.
CuraDebt
Important: CuraDebt is not a law firm and does not litigate MCA cases. They have spent 25 years on business debt and IRS and state tax resolution, which matters more than it sounds like it should, because a business that fell behind on advances has usually fallen behind on payroll taxes too, and forgiven debt can land as taxable income. They are IAPDA certified.
1. The Confession Is Alive Here, and the Creditor Has to Prove You Meant It
A warrant of attorney to confess judgment appoints somebody the creditor picks to walk into court, admit your liability for you, and take a judgment with no complaint, no summons and no hearing. Delaware never abolished the device and never wrote a consumer exception into it. 10 Del. C. §2306(a) says a judgment by confession may be entered by the prothonotary, for money due or to become due or to secure the obligee against a contingent liability, on application by the obligee or assignee of a bond, note or other obligation containing a warrant for an attorney at law or other person to confess judgment. The consumer protection a Delaware individual gets against this comes from federal law rather than from Dover, because 16 C.F.R. §444.2(a)(1) makes a cognovit or warrant of attorney an unfair practice in consumer credit, and 16 C.F.R. §444.1(d) limits “consumer” to a natural person seeking money for personal, family or household use. Your operating company is outside that definition, which is the whole reason the clause is still in your agreement.
What Delaware did instead of banning the device is far more useful to you than most owners realize, because the statute front loads the due process rather than making you claw it back afterward. Under §2306(b) a confessed judgment cannot become final, effective in all respects as a judgment after trial, until the prothonotary mails you written notice by certified mail, return receipt requested, of an opportunity for a judicial determination of whether you understandingly waived your right to notice and a hearing. Superior Court Civil Rule 58.1 builds the machinery around that sentence, and Rule 58.1(g)(3) carries the part that matters at a negotiating table: if you appear, the burden at the hearing is on the plaintiff to prove that you effectively waived your rights, and costs are assessed against the plaintiff if it fails in the proof.
The Delaware Supreme Court enforced that allocation in Caribbean Sun Airlines Inc. v. Halevi Enterprises LLC, No. 199, 2024 (Del. Jan. 21, 2025). A borrower produced documents he later admitted were false, identifying himself as an officer of two airlines he was trying to acquire, and a lender closed a $7 million note carrying interest of five percent per month plus a $10,000 monthly monitoring fee, with a confession of judgment affidavit naming the airlines as additional borrowers. The Superior Court entered judgment of $4,075,000 plus interest of $20,958,232.59 on an apparent authority theory. The Supreme Court reversed and vacated, holding that a finding of apparent authority is not a substitute for the constitutional analysis Rule 58.1 requires, that the waiver must be knowing, voluntary and intelligent under Pellaton v. Bank of New York, 592 A.2d 473 (Del. 1991) and D.H. Overmyer Co. v. Frick Co., 405 U.S. 174 (1972), and that the entities could not have waived anything they did not know existed.
Two dates then decide whether any of this helps you. The notice letter names a motion day, and Rule 58.1(g)(2) says judgment is entered against a debtor who fails to appear after service, so ignoring a certified letter from a prothonotary converts a contestable filing into a final judgment whose lien relates back to the original docketing. The second date comes later: §2306(j) gives an automatic stay of execution and a second notice before the first writ issues, and at that hearing you may raise defenses you did not know about when you signed or that arose afterward. If you signed as a nonresident, add §2306(c), which requires the plaintiff to file an affidavit executed by you stating the sum, the county, your mailing address, and the contact with the State in the transaction, a document that frequently does not exist in an out-of-state file. If you have already been served with something like this, read how these files get defended in Delaware before the motion day passes.
2. One Hundred Thousand Dollars Is Where the Delaware Ceiling Stops Existing
Delaware does publish a general usury rate, and on its face it is a real one. 6 Del. C. §2301(a) lets a lender charge any rate agreed on in writing not in excess of 5 percent over the Federal Reserve discount rate including any surcharge, and supplies the same figure as the legal rate where no contract rate is expressed. On the H.15 release dated August 3, 2026, the Federal Reserve reported the discount window primary credit rate at 3.75 percent, which puts the Delaware contract ceiling at 8.75 percent while that rate holds. §2304(a) defines usury as charging a borrower, directly or indirectly, a higher rate than the law permits, and §2304(b) supplies the remedy: the borrower need not pay the excess, may deduct it from the debt, and if the whole debt and the excess interest were already paid, may sue within one year for three times the excess interest collected or $500, whichever is greater.
Then read §2301(c), which is the sentence that actually governs commercial paper in this state. Notwithstanding any other provision of the chapter, there is no limitation on the rate of interest that may legally be charged for the loan or use of money where the amount loaned or used exceeds $100,000 and repayment is not secured by a mortgage against any borrower’s principal residence. Above six figures, unsecured by the house, Delaware has no ceiling at all. Line that up with 6 Del. C. §2708, which validates a Delaware choice of law clause in any written agreement involving at least $100,000, and the design becomes visible: the same dollar threshold that turns on the freedom to choose Delaware law turns off the rate cap you would be choosing it under.
The provision that closes the door on most readers of this page is 6 Del. C. §2306, and it is one sentence long. No corporation, limited partnership, statutory trust, business trust or limited liability company, and no association or joint stock company having any of the powers and privileges of corporations not possessed by individuals or partnerships, shall interpose the defense of usury in any action. There is no dollar threshold in that sentence and no carve out for small deals. If your advance was underwritten to an LLC, the rate argument is gone in Delaware courts before anyone reaches the arithmetic, and the narrow lane that remains belongs to an individual or a general partnership that signed in its own name on something at or under $100,000.
From the funding desk this is not an accident, it is product design. A funder writing $80,000 into a restaurant in Sussex County is exposed to §2301(a) if it wrote a loan to a sole proprietor, and is exposed to nothing if it wrote the same money to an LLC, which is one reason entity formation is pushed so hard during the application. It is also why nearly every merchant cash advance is drafted as a purchase of future receivables rather than a loan: §2304 governs a charge “to a borrower by a lender” for “the loan or use of money,” so recharacterizing the transaction as a disguised loan is the threshold fight, not the rate. Delaware has no published appellate decision recharacterizing a merchant cash advance that we could locate, so anyone telling you the Delaware answer to that question is settled is describing another state’s law.
3. Nobody in Dover Requires Your Funder or Your Broker to Register
About a dozen states now make a commercial financing provider hand a small business a disclosure sheet before funding, and several of them make brokers register as well. As of August 3, 2026, Delaware is not one of them. The chapter index of Title 5 runs from the State Bank Commissioner through mortgage loan brokers, licensed lenders, money transmission, check cashing and motor vehicle financing without a commercial or sales based financing chapter anywhere in it, and the chapter index of Title 6 carries credit services organizations, debt management services, foreclosure consultants and mortgage loan modification services with nothing addressed to small business funding. The banking package Governor Meyer signed on July 6, 2026, Senate Bills 16, 18 and 19, rewrote Title 5 around banks, trust companies, money transmission, virtual currency and stablecoins, and it did not add a disclosure duty to a funder.
Several states with no disclosure act still give a business owner a weapon through a loan broker statute, and this is where Delaware genuinely disappoints. Iowa, Kentucky, Nebraska and Arkansas all run loan broker acts with advance fee bans, criminal exposure and private remedies that a business can invoke. Delaware licenses mortgage loan brokers under 5 Del. C. chapter 21 and stops there. The nearest analogue is the Credit Services Organizations Act at 6 Del. C. chapter 24, which does contain an advance fee bar at §2403(1), a $15,000 bond or surety account requirement at §2404(e), and a registration duty with the Secretary of State at §2405(a). None of it reaches your file, because §2401(1) defines a “buyer” as an individual and §2401(3) defines an extension of credit as one offered or granted primarily for personal, family or household purposes.
One Delaware licensing provision is worth putting in front of counsel anyway, because almost nobody raises it. 5 Del. C. §2202(a) says every person desiring to transact the business of lending money in this State shall obtain a license, with a safe harbor for a person making not more than five loans in any twelve month period, and then adds a sentence that does real work: except as otherwise provided by law, loans made by any such unlicensed lender shall fall under Chapter 23 of Title 6. That is the usury chapter. Whether it reaches a receivables purchase, and whether it does anything at all above the $100,000 line in §2301(c), are questions Delaware courts have not answered in any decision we could locate, and a page that told you otherwise would be selling you something.
The practical consequence of an empty statute book is that your leverage has to come from the documents rather than from a regulator. There is no Delaware filing to check for whether your funder is registered, no state mandated cost sheet whose absence is itself a violation, and no Delaware equivalent of the Virginia rule that makes a noncompliant provision unenforceable. What fills the space is contract law, the trade practices statutes covered further down this page, and the federal overlay that applies everywhere. Owners who go looking for a Delaware disclosure violation spend weeks finding nothing, and the weeks are the expensive part, because balances compound while the search runs.
4. Delaware Still Says Fraudulent, and It Has Said So Since 1996
Roughly half the country replaced the Uniform Fraudulent Transfer Act with the Uniform Voidable Transactions Act and swapped the word fraudulent for voidable. Delaware did not. 6 Del. C. §1311 states flatly that the chapter may be cited as the Uniform Fraudulent Transfer Act, and the operative sections trace to 70 Del. Laws, c. 434, enacted in 1996. That is not a labeling quirk. It means the Delaware chapter has never picked up the UVTA amendments on the burden and standard of proof, and it means any memo you receive citing a section numbered in the 1300s of Title 6 to “voidable transactions” was written off a different state’s code.
The two operative provisions are the ones a funder’s counsel actually pleads. §1304(a)(1) reaches a transfer made with actual intent to hinder, delay or defraud any creditor, whether the claim arose before or after the transfer, and §1304(b) lists eleven badges a court may weigh, ending with the one that describes a restructuring gone wrong: the debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider. §1304(a)(2) needs no intent at all, only that the debtor gave up an asset without receiving reasonably equivalent value while its remaining assets were unreasonably small for the business it was in, or while it believed it would incur debts beyond its ability to pay. §1305(b) adds the insider preference: a transfer to an insider for an antecedent debt while insolvent, where the insider had reasonable cause to know it.
Time is the part people get wrong, and §1309 sets three separate clocks. An actual intent claim under §1304(a)(1) is extinguished unless brought within four years after the transfer, or if later, within one year after it was or could reasonably have been discovered. A constructive fraud claim under §1304(a)(2) or §1305(a) has a flat four years with no discovery extension. And an insider preference under §1305(b) dies in one year after the transfer, which is short enough that owners routinely settle claims that were already gone. Against those, §1308(a) protects a transferee who took in good faith for reasonably equivalent value, and §1308(e)(2) puts enforcement of an Article 9 security interest outside the statute entirely.
Delaware carries one provision that has no counterpart in most versions of the act, and it changes who gets sued. 6 Del. C. §1307(c) says that notwithstanding any other provision of law or equity, a creditor has no right to relief against any trustee, attorney or other advisor who has not acted in bad faith on account of any transfer, and it presumes the advisor did not act in bad faith merely by counseling or effecting the transfer. That does not protect you, and it does not protect the transferee. It protects the professional who papered it, which is a Delaware policy choice worth understanding before you assume your lawyer’s exposure will make a creditor blink. If money or equipment already moved between your entities, the analysis in how these claims get built and defended is worth reading before you build a plan on top of it.
5. A Delaware Judgment Cannot Reach a Bank Account, Which Helps Less Than It Sounds
10 Del. C. §3502(a) makes corporations doing business in Delaware subject to the attachment laws and liable to be summoned as garnishee, in the ordinary way. Then §3502(b) removes the only garnishee most creditors care about: banks, trust companies, savings institutions and loan associations, except only as to a wage attachment against the wages of their own employees, shall not be subject to the operations of the attachment laws of this State. Delaware is close to alone in this. A judgment creditor here cannot serve a garnishment on the bank holding your operating account, and in Delaware Trust Co. v. Partial, 517 A.2d 259 (Del. Ch. 1986) the Court of Chancery declined to enjoin a defendant from moving funds in a Wilmington Trust depository account, reasoning from the same policy the section expresses.
The protection is real inside Delaware and thin everywhere else. The exemption speaks to Delaware attachment process against a Delaware garnishee, and a funder holding a judgment against a business that operates in Pennsylvania or Maryland simply domesticates the judgment where the money actually sits and garnishes under that state’s rules, which is the ordinary path for the reader whose only Delaware contact is a registered agent. §3502(b) also does nothing about the daily ACH debit, because that debit runs on the authorization you signed rather than on any court process, and it does nothing against a secured party that took control of a deposit account under 6 Del. C. §9-104 and can collect under §9-607(a) without a judgment at all. Take advice before changing anything about how those debits are paid, because revoking an authorization or moving an account is a legal act with consequences under your agreement.
What Delaware execution does reach is everything else. 10 Del. C. §4901 lets lands and tenements be seized and sold on judgment and execution when no sufficient personal estate can be found, §5031 lets the plaintiff issue an execution attachment containing an order summoning garnishees who are not banks, and §3504(b) is the trap for a general partnership, because an officer executing the writ may attach the goods, chattels, rights, credits, moneys and effects of any or all of the individuals composing the association exactly as if they had been named. Wages get the most generous treatment in the schedule: §4913(a) exempts 85 percent of wages from mesne and execution attachment, and §4913(b) permits only one wage attachment at a time, with the first creditor holding priority until it is paid in full.
The clocks are long and the courts are tiered. A Superior Court money judgment is a lien on real estate for 10 years under §4711(a), renewable for further 10 year terms by a written agreement filed with the prothonotary or by scire facias, and §4711(b) applies the same limit to general liens including judgments for costs. Execution may issue at any time within five years of entry under §5072(a), after which the creditor revives the judgment by scire facias under §5071. Where the case gets filed depends on size: the Justice of the Peace Court takes contract actions up to $25,000 under §9301(1), the Court of Common Pleas up to $75,000 under §1322(a) with unlimited jurisdiction over counterclaims, and the Superior Court everything above that, which is also the only court a confessed judgment can be entered in.
6. Two Trade Practice Statutes, and Your Company Is Inside Both of Them
Most state unfair practices acts shut a business out at the definition of consumer, and that limitation is usually the story on a page like this one. Delaware runs the other way, twice. The Consumer Fraud Act at 6 Del. C. §2511 and following states its purpose at §2512 as protecting consumers and legitimate business enterprises from unfair or deceptive merchandising practices, defines “person” at §2511(7) to include a corporation, statutory trust, business trust, partnership, unincorporated association or any other legal or commercial entity, and defines “merchandise” at §2511(6) to include objects, wares, goods, commodities, intangibles, real estate or services. There is no natural person requirement anywhere in the operative text.
The sentence that gives the act teeth is §2525(a), added by 74 Del. Laws, c. 113: a private cause of action shall be available to any victim of a violation of this subchapter, and it may be brought in any court of competent jurisdiction without prior action by the Attorney General. The conduct §2513(a) reaches is broad, covering deception, fraud, false pretense, false promise, misrepresentation, unfair practice, or the concealment, suppression or omission of any material fact with intent that others rely on it, in connection with the sale, lease, receipt or advertisement of any merchandise, whether or not any person was in fact misled. The 2021 amendment at 83 Del. Laws, c. 85 added an “unfair practice” definition at §2511(9) borrowed from federal unfairness analysis. The one real carve out is §2513(b)(2), which excludes an advertisement or merchandising practice that is subject to and complies with rules and statutes administered by the Federal Trade Commission.
The Deceptive Trade Practices Act at §2531 and following is the other half, and it is built for business against business. §2532(a) lists twelve practices including representing that services have characteristics or benefits they do not have and disparaging another’s business by false or misleading statements of fact, and closes with a catchall at §2532(a)(12) for conduct that similarly creates a likelihood of confusion or misunderstanding. §2532(b) says a complainant need not prove competition between the parties or actual confusion, and §2533(a) grants an injunction to a person likely to be damaged without proof of monetary damage, loss of profits or intent to deceive. The remedy structures differ sharply though, and that difference is the whole reason to plead both.
Under the Deceptive Trade Practices Act the primary relief is equitable. §2533(b) allows attorneys’ fees only in exceptional cases and only against a defendant found to have wilfully engaged in a deceptive trade practice, and §2533(e) sends a civil penalty of up to $10,000 per wilful violation to the State rather than to you. But §2533(c) carries the provision worth structuring a complaint around: where damages are awarded to the aggrieved party under the common law or other statutes of this State, those damages shall be trebled. So the Consumer Fraud Act supplies the damages claim a business can actually own, and a proved deceptive trade practice multiplies whatever a common law fraud or misrepresentation count recovers. We could not locate a Delaware appellate decision applying either subchapter to a merchant cash advance, so treat this as an argument with real statutory footing rather than a settled outcome.
7. Seventy-Five Dollars of Tools, and No Homestead Until You File Bankruptcy
Once a guaranty puts your own name on a judgment, the schedule you stand on is subchapter I of chapter 49 of Title 10, and it is the most austere in the country by a wide margin. 10 Del. C. §4902(a) exempts the family Bible, school books, the family library, family pictures, a seat or pew in a place of worship, a burial lot and all wearing apparel. §4902(b) exempts the tools, implements and fixtures necessary for carrying on your trade or business, not exceeding $75 in New Castle and Sussex Counties and $50 in Kent County. §4903 adds a head of family exemption of $500 in other personal property, selected by the debtor, and expressly withholds it from merchantable goods bought to be sold in the regular business. Those are not typographical errors and they are not indexed to anything.
There is no general homestead exemption in Delaware. §4901 says lands, tenements and hereditaments may be seized and sold upon judgment and execution when no sufficient personal estate can be found, and nothing in §4902 or §4903 shields a residence from that. The $200,000 figure people quote lives at §4914(c)(1), and the section is titled exemptions in bankruptcy and insolvency for a reason: subsection (c) opens with the words “in any federal bankruptcy or state insolvency proceeding.” Outside one of those, a Delaware judgment creditor levying on your house does not meet a homestead exemption, it meets whatever equity there is. HB 318, 84 Del. Laws, c. 329, signed August 2, 2024, raised that principal residence figure to $200,000 and the vehicle and tools of the trade figures to $25,000 each, with a further $25,000 of personal property or non residence real property under §4914(b).
Delaware also opted out of the federal set. §4914(a) states that in any bankruptcy proceeding an individual debtor domiciled in Delaware is not authorized to elect the federal exemptions of 11 U.S.C. §522(d) and may exempt only what subsection (b) or other Delaware law allows. That closes the escape hatch debtors use in Pennsylvania and New Jersey, where weak state homesteads are cured by electing the federal $31,575. Two Delaware provisions do run strongly your way. §4915(a) exempts assets held or amounts payable under any retirement plan, life insurance contract or annuity contract from execution or attachment with no dollar cap stated, and §4916 exempts 529 and ABLE accounts subject to a 365 day clawback above the greater of $5,000 or your two year average contribution.
Two structural points finish the picture, and both come out of the entity rather than the schedule. 6 Del. C. §18-703(d) makes a charging order the exclusive remedy by which a judgment creditor may satisfy a judgment out of a member’s limited liability company interest, and expressly bars attachment, garnishment, foreclosure or other legal and equitable remedies whether the company has one member or more than one. Stock is the opposite story: 8 Del. C. §169 fixes the situs of the ownership of stock in every Delaware corporation in Delaware for purposes of attachment, garnishment and jurisdiction, and 8 Del. C. §324 lets those shares be attached for debt and sold at public sale after final judgment. If you signed personally, the guaranty itself deserves its own review, and what actually gets challenged in a guaranty is the place to start.
What a Delaware Certificate Actually Buys You When the Debt Goes Bad
The honest answer to the incorporated only reader is that Delaware law gives you very little on the cost side of a distressed file and something real on the exit side. On the cost side, the funding agreement is governed by whatever law it picked, the attachment that matters happens where your bank and your customers are, and the exemption schedule that will be applied to a guarantor is the one for the state where the guarantor is domiciled rather than the one printed in Title 10. Anyone quoting you Delaware’s $75 tools of trade figure for a guarantor who lives in Ohio is reading the wrong schedule, and the same error runs the other direction just as often.
On the exit side, one Delaware statute reaches you specifically because of where you were formed. The Uniform Assignment for the Benefit of Creditors Act, Senate Bill 267, signed by Governor Meyer on June 10, 2026 and codified at 10 Del. C. §7301A through §7324A, replaced Delaware’s 1875 assignment statute, and §7303A(a)(2) opens the chapter to an organization whose internal affairs are governed by other law of this State. That is you. A Delaware LLC running a warehouse in Nevada can assign its assets to an independent assignee and land in the Court of Chancery, where §7321A(a)(1) requires the assignee to file a petition within 14 days of the assignment agreement and §7321A(b) lets the Court approve sale and auction procedures on request.
That matters because an assignment for the benefit of creditors is the main structured alternative to a chapter 7 for a business that has a buyer for its assets and no ability to fund a bankruptcy case. It is not a debt reduction tool for a company that intends to keep operating, and it is the wrong answer for most readers of this page, who are trying to keep the doors open rather than close them in an orderly way. But if the plan is a wind down, being a Delaware entity is the one place on this page where the certificate of formation is worth something concrete, and §7304A(a) puts real independence requirements on the assignee, who may not be a creditor, affiliate or insider of the assignor or of a creditor.
The Four Paragraphs to Read Before You Call Anybody
Every number on this page turns on language you already signed, and four paragraphs decide most of it. The first is the governing law and venue clause. If it names Delaware and the transaction is at least $100,000, 6 Del. C. §2708 makes that choice close to unassailable and 6 Del. C. §2306 deletes your usury defense on the way in. If it names New York or New Jersey or Florida, that state’s disclosure law, confession rules and unfair practices act are the ones that matter, and your Delaware formation is a fact about your entity rather than a fact about your contract.
The second is any paragraph containing the words warrant of attorney, confession of judgment, or authorization to enter judgment. If it is there and the file is headed to Delaware Superior Court, 10 Del. C. §2306(b) and Superior Court Civil Rule 58.1 are the entire fight, and the calendar starts when a certified letter arrives from a prothonotary. The third is the security interest paragraph and any deposit account control agreement, because a funder with control under 6 Del. C. §9-104 never needs the garnishment that §3502(b) would have blocked. The fourth is the personal guaranty, which decides whether the exemption schedule in item seven is even in the conversation.
Sequence beats effort on these files. Date every transfer between entities before anyone writes a demand letter, because §1309 is running whether or not you know it. Confirm whether any confessed judgment has already been lodged with a prothonotary, because the lien relates back to the original docketing under Rule 58.1(g)(4). Then price the stack. Delancey Street is a settlement company and not a law firm, works these files with attorneys in its network handling anything that has to be filed in a courthouse, and the order in which positions get worked is set by what the documents show on the first day rather than by which funder calls the loudest.
Who Should You Call? Our Top-Rated Business Debt Firms
One firm on this list works the entire lifecycle of a business debt file, from stopping the daily debits through attorney-led negotiation, UCC lien removal, and a signed release. The other two cover broader debt categories that often sit alongside the advances. Choose accordingly.
Delancey Street
The only firm here that handles the full arc of a business debt file: attorney-led negotiation, ACH revocation, legal defense, UCC lien removal, and a settlement agreement with a real release attached. Over $100M settled, no upfront fees, all 50 states, settlements at 30-60% of the balance.
National Debt Relief
Not an MCA specialist. National Debt Relief does not negotiate advances, challenge confessions of judgment, or fight UCC liens. For the ordinary unsecured business debt sitting next to your advances, their scale and track record make them a reasonable option on that side of the ledger.
CuraDebt
Not an MCA specialist either. CuraDebt handles business debt alongside IRS and state tax resolution, so if unpaid payroll taxes have stacked up behind the advances, they can work that front while the MCA side is negotiated.
Frequently Asked Questions
Find Out Which State’s Law Is Actually Running Your Delaware Entity
Send the funding agreements with their governing law pages, the guaranty, any certified mail you have received, and a current UCC search on the entity. You will get back which state’s law controls the contract, whether a confession has already been lodged, and what the stack realistically settles for. Looking at the file is free, and Delancey Street is paid only out of money a completed settlement saves you.
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