Lawsuit Against Former MCC Executives Dismissed

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A lawsuit brought by various investment vehicles of Atalaya Capital Managment LP against former officers and/or senior management of Merchant Cash and Capital (later known as Bizfi), was dismissed on Tuesday.

In the judge’s decision, the Hon. Jennifer Schecter said that “plaintiffs seek to hold defendants, former officers and managers of Merchant Cash & Capital, LLC, liable for money plaintiffs lost by investing in the Company. […] Plaintiffs do not sue the Company for breach of contract; instead, they seek to hold the individual defendants liable for the Company’s deficient underwriting through causes of action for negligent mispresentation and fraud. Those claims fail.”

Bizfi failed in 2017 after a long run of being among the largest and earliest merchant cash advance funders in the US.

The case was in the NY Supreme Court under Index No: 655593/2019

Last modified: February 12, 2021
Sean Murray

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