Business Debtor Defense

Have your creditors refused to negotiate your debt fairly? Have they filed suit against you based on your inability to pay?

If the answer to those questions is yes, then it is time to contact the law firm of Raiser & Kenniff, P.C. We will fight for you to ensure your creditors begin negotiations with us through counsel. We will not allow them to dictate the terms. Instead, we will review your contracts, which oftentimes to the surprise of the creditors, will demonstrate you have acted in good faith and have not violated those terms. We will ensure that their complaint is responded to promptly, with the contractual language that supports our position and the law to back us up.

Many of the “loans” that small businesses are forced to contend with are Merchant Cash Advances (MCA) which are not typical loans. Instead, they are agreements based upon projected earnings. When you have a legitimate hardship due to a downturn in business, they are duty bound to negotiate new terms. We will continue to negotiate terms that you can fairly and based upon your current circumstances, afford to pay.

If negotiations fail even at this stage, after extensive discussions between the respective attorneys, we will either proceed to arbitration or a jury trial. The vast majority of cases never go that far. Most of those that do, will proceed to arbitration, where the arbitrator will be looking to restructure fair terms upon the advice of all parties. This is much like negotiations where now the arbitrator will decide what is fair. The chance of an actual jury trial on these types of cases is well below 1%. However, even in that unlikely event, the attorneys at Raiser & Kenniff, P.C. have decades of experience in litigation through handling many trials and every law firm that deals with us will know that.