Finance Litigation
Finance Disputes Require Aggressive, Knowledgeable Counsel.
Finance litigation — disputes involving loans, credit agreements, merchant cash advances, and alternative finance arrangements — is a specialized area where the details of the agreement and the structure of the transaction determine everything.
Ainsworth Gorkin represents lenders and funders in finance litigation across New York and New Jersey. We understand the commercial finance landscape — including alternative finance products that many litigation firms don't — and we pursue enforcement aggressively on behalf of our clients.
We represent lenders & funders in:
→ Default enforcement & acceleration
→ Breach of loan covenants
→ Collateral & security enforcement
→ Guaranty enforcement
→ MCA collection & enforcement
→ Judgment enforcement & collection
What We Handle
Finance Litigation Practice Areas
01
Loan Default & Enforcement
When a borrower defaults, lenders need swift, effective enforcement. We pursue remedies under the loan agreement — including collateral enforcement, guaranty claims, and judgment collection.
02
Merchant Cash Advance (MCA) Disputes
MCA agreements are complex and often aggressively enforced. We represent both funders pursuing collections and businesses challenging improper MCA practices, confessions of judgment, and predatory terms.
03
UCC & Collateral Enforcement
Enforcing security interests in business assets under UCC Article 9 — including commercially reasonable disposition, replevin actions, and post-default remedies against debtors and guarantors.
04
Guaranty Disputes
Personal and corporate guaranties are frequently disputed — on the basis of fraud, misrepresentation, capacity, or the underlying obligation. We litigate guaranty enforcement and defenses.
05
Breach of Loan Covenants
Technical defaults, covenant violations, and disputes over what the loan agreement actually requires. We analyze the agreement and fight for the interpretation that serves our client.
06
Collateral & Security Enforcement
Enforcement of security interests in business assets, real property, and personal property — including UCC Article 9 remedies, foreclosure, and replevin actions.
What We Look For
The Issues That Determine Finance Disputes.
Finance litigation turns on the specific language of agreements, the conduct of the parties, and the application of commercial law. These are the factors we analyze in every matter.
Issue 01
Agreement Language & Construction
The precise wording of loan agreements, security agreements, and guaranties determines what each party is entitled to. We analyze every provision carefully — including what's missing as much as what's there.
Issue 02
Default & Notice Requirements
Many finance disputes turn on whether proper notice was given, whether a cure period was honored, and whether the default itself was properly declared. Procedural compliance matters.
Issue 03
MCA vs. Loan Characterization
Merchant cash advances are structured as purchases of future receivables — not loans. That distinction has significant legal consequences for enforcement, usury defenses, and bankruptcy treatment.
Issue 04
Usury & Regulatory Compliance
Understanding how New York's usury laws apply — or don't apply — to specific finance products is critical. MCA structures, fee arrangements, and interest calculations all affect enforceability and how aggressively a lender can pursue collection.
Why Ainsworth Gorkin
Finance Litigation Counsel That Knows the Landscape.
Alternative finance — merchant cash advances, revenue-based financing, equipment financing, and non-bank lending — operates in a distinct legal environment that many litigators don't fully understand. We do.
Ainsworth Gorkin represents lenders and funders in finance litigation. We understand how alternative finance products are structured, how courts have treated them, and what it takes to enforce them effectively — from demand through judgment collection.
We Move Quickly
Finance disputes often involve immediate risks — frozen accounts, UCC liens, confession of judgment enforcement. We understand the urgency and respond accordingly. When time matters, we're the firm that picks up the phone.
1
Alternative Finance ExpertiseMCA agreements, revenue-based financing, non-bank lending — we understand how these products work and how to enforce them in New York courts.
2
Enforcement-Focused from Day OneWe build enforcement strategy from the first call — demand letters, UCC enforcement, confession of judgment, and litigation — so nothing slows recovery down.
3
Partners Handle Your Case DirectlyNo associates. Levi or Shaya works your matter from first call through resolution.
4
We Move Fast When It MattersFinance disputes can move at speed. We respond quickly, act decisively, and don't let urgency become your problem.
5
Free Initial Case EvaluationWe'll assess your matter honestly and tell you where you stand before you commit to anything.
Facing a finance dispute in New York? Let's talk.
Free case evaluation. We represent lenders and funders.