What are the responsibilities and job description for the Senior Litigation Counsel position at Biz2Credit?
About Us
At Biz2Credit, we look for individuals who are ready to join a dynamic and innovative fintech company on a mission to change the lending landscape for small businesses. Our values of Collaboration, Responsibility, Empowerment, Disruption, Innovation, and Trust guide everything we do, and our purpose of helping small businesses succeed drives us forward.
As a company, we believe that with the right tools and support, small business owners can achieve their dreams, and we're here to make that happen. That's why we're dedicated to developing cutting-edge solutions, like our Biz2X platform, a fully configurable SaaS solution that leverages artificial intelligence and machine learning to make lending more efficient, effective, and accessible.
But we're more than just another FinTech company. We're a team of individuals who bring their unique personalities, backgrounds, and experiences to work every day. We believe that diversity makes us stronger, and that's why we value a culture that is inclusive and supportive. We're looking for people who are excited about the opportunity to make a difference, who want to work in an environment that is both challenging and fun, and who are eager to bring their whole selves to work.
So, if you're someone who is eager to join a company that is making a real impact, who values a positive and inclusive workplace culture, and who is ready to be a part of a team that is changing the lending landscape, we want to hear from you. Come join us and be a part of something truly special at Biz2Credit.
About the Role
We are seeking a Senior Commercial Litigation Attorney with at least 5 years of experience in commercial litigation, ideally with an emphasis on Merchant Cash Advance (MCA) enforcement, alternative commercial finance, and creditors' rights. The ideal candidate will manage a high-volume, fast-paced caseload involving breach of contract, confession of judgment enforcement, fraudulent conveyance, and asset recovery across state and federal courts.
Key Responsibilities
- Litigation & Case Management: Direct all phases of commercial litigation from pre-suit investigation through pleading, discovery, trial, and post-judgment enforcement.
- MCA & Contract Enforcement: Handle complex disputes arising from MCA agreements, commercial guarantees, merchant default, stacking issues, and payment processor disputes.
- Creditors’ Rights & Asset Recovery: Formulate and execute aggressive recovery strategies, including bank restraints, property liens, wage garnishments, fraudulent conveyance actions, and post-judgment subpoenas.
- Motion Practice & Briefing: Draft high-quality pleadings, emergency motions (injunctions, TROs, attachments), summary judgment motions, and appellate briefs.
- Court Appearances: Represent clients at oral arguments, hearings, depositions, mediations, and trial proceedings.
- Client Consultation: Advise lenders, funding companies, and financial institutions on risk mitigation, portfolio recovery, and compliance with evolving state and federal commercial finance laws.
Qualifications & Requirements
- Juris Doctor (JD): Degree from an accredited law school; active bar admission in good standing in the primary operating jurisdiction.
- Experience: 5 years of dedicated experience in commercial litigation, specifically focusing on MCA litigation, debt collection, and creditors’ rights.
- Precedent Knowledge: In-depth understanding of Uniform Commercial Code (UCC) Articles 3 and 9, state enforcement of judgment procedures, and commercial contract law.
- Courtroom Skills: Demonstrated track record of motion practice, trial experience, and emergency relief hearings.
- Efficiency: Ability to manage a robust caseload independently while maintaining high attention to detail in a fast-paced environment.
Preferred Experience
- Familiarity with bankruptcy proceedings (representing secured and unsecured creditors in Chapter 7, 11, and 13 cases, including adversary proceedings and motions for relief from stay).
- Experience navigating regulatory updates affecting the MCA and alternative finance industry (e.g., disclosure laws, usury recharacterization claims).