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New Orleans business owners need firms that understand COJs, UCC-1 liens, personal guarantees, and daily ACH debits — and know how to dismantle them under both Louisiana and New York law.
Delancey Street is not a law firm. They coordinate with licensed attorneys for COJ challenges, usury defenses, and UCC lien disputes — including New Orleans and throughout Louisiana. Their attorneys use Louisiana’s 12% conventional interest cap, the state’s unique civil law protections, and New York’s dual usury framework. They raise criminal usury defenses, dispute overbroad UCC-1 filings with the Louisiana Secretary of State, and use the NY AG’s Yellowstone settlement as precedent. Over $100M settled. No upfront fees.
Not an MCA defense specialist — let’s be clear about that. They handle general unsecured business debt only.
Not an MCA defense specialist. If your New Orleans business faces both MCA debt and Louisiana Department of Revenue or IRS obligations, CuraDebt can address the tax side.
MCA defense is a battle — and you need someone unafraid to fight it. It means protecting business owners from confessions of judgment, UCC Article 9 liens, personal guarantee enforcement, and aggressive daily ACH withdrawals.
New Orleans’ economy is uniquely vulnerable to MCA predation. Tourism and hospitality — French Quarter restaurants, Bourbon Street bars, convention hotels, and Mardi Gras-dependent businesses — generate cyclical, unpredictable cash flows. The Port of New Orleans drives logistics and shipping. Oil and gas companies and their service providers face commodity price volatility. Healthcare institutions like Ochsner Health anchor the medical economy. When tourism dips, hurricanes disrupt operations, or energy prices drop, businesses turn to MCAs for quick capital. When those advances stack up and daily debits consume 20–30% of revenue, the spiral picks up speed fast.
An elite MCA defense attorney goes to war with funders who freeze your bank account overnight, who have filed blanket UCC-1 liens, and who pull 15–25% of your daily revenue through ACH debits. This is not general debt settlement. This is a fight for your business.
You're scared. We get it. Whether you run a restaurant in the French Quarter, a hotel near the Convention Center, or an oilfield service company in the CBD — MCA default consequences are immediate: frozen accounts, liens on receivables, or personal asset seizures. But here’s the crucial thing — Louisiana’s 12% usury cap and unique civil law protections give you real power to fight back.
Strategy 1: Louisiana’s civil law tradition — unique among the 50 states — does not recognize common-law confessions of judgment in the same way. Louisiana uses executory proceedings under La. C.C.P. Art. 2631 et seq., which require authentic acts. A standard New York MCA confession of judgment may not qualify. New York’s 2019 COJ reform bans filing COJs against out-of-state defendants. A COJ filed against your New Orleans business after August 2019 is almost certainly voidable.
Strategy 2: Enforcing a New York judgment in Louisiana requires domestication under the Louisiana Uniform Enforcement of Foreign Judgments Act (La. R.S. 13:4241). Louisiana’s debtor protections make collection uncertain. Offer a lump-sum settlement (30–50%).
Under UCC § 9-607, lenders place UCC-1 liens with the Louisiana Secretary of State. This devastates New Orleans businesses in hospitality, tourism, and energy services with seasonal and cyclical revenue.
Strategy 1: Chapter 11 lets you pause collections. Louisiana’s 12% conventional interest cap under La. R.S. 9:3500 means that if your MCA is reclassified as a loan, 150% APR vastly exceeds the legal threshold.
Strategy 2: Show lenders 6 months of bank statements demonstrating unsustainable withdrawals. For New Orleans businesses, demonstrating tourism seasonality, Mardi Gras revenue concentration, and hurricane disruption impacts on cash flow is particularly effective.
Louisiana’s conventional interest cap under La. R.S. 9:3500 is 12% per year. A $50K advance at 150% APR exceeds this threshold by more than 12 times.
Strategy 1: Usury Defense. If the MCA is reclassified as a loan, the contract violates Louisiana usury law. Under La. R.S. 9:3501, usurious contracts can result in forfeiture of all interest charged above the legal rate.
Strategy 2: Louisiana Unfair Trade Practices Act. The Louisiana Unfair Trade Practices and Consumer Protection Law (La. R.S. 51:1401 et seq.) prohibits unfair or deceptive trade practices. If an MCA funder misrepresented financing costs to your New Orleans business, you may have additional claims including treble damages.
Most MCA funders are headquartered in New York, and nearly all contracts designate New York courts. New York’s dual usury framework caps civil interest at 16% and criminal usury at 25%. Crossing the criminal threshold voids the contract.
New Orleans business owners benefit from both systems. Louisiana’s 12% conventional interest cap, unique civil law protections, and the Louisiana Unfair Trade Practices Act layer on top of New York’s framework. Louisiana’s civil law tradition — the only one in the country — provides additional arguments against enforceability of common-law COJs. The CFPB has classified MCAs as “credit” under ECOA, providing additional protection.
1. Have they handled MCA defense specifically, including Louisiana cases?
2. Do licensed attorneys handle the legal work — filing motions, challenging UCC liens, and drafting settlement agreements?
3. Legitimate firms charge 18–25% of enrolled debt, collected only after results. Upfront fees violate FTC guidelines.
Only Delancey Street offers true MCA defense with attorney-coordinated COJ challenges, usury defenses, and UCC lien disputes.
This is what real MCA defense looks like. Over $100M settled. Full coverage for New Orleans and Orleans Parish. They fight — and they win.
Not an MCA defense specialist — let’s be clear about that. They handle general unsecured business debt only.
Not an MCA defense specialist. Best for combined business debt and Louisiana Department of Revenue or IRS tax resolution.
Delancey Street’s attorney network fights MCA funders with usury defenses, COJ challenges, and settlement negotiation — using Louisiana’s 12% usury cap, civil law protections, and New York law. Over $100M settled.
Call for a Free ConsultationThis page is for informational purposes only and does not constitute legal or financial advice. Individual results may vary. Rankings reflect independent editorial judgment. No compensation is received from listed companies.
No attorney-client relationship is formed. Debt settlement may have tax consequences and affect your credit score.
Delancey Street is not a law firm. They work with independent, licensed attorneys.
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