36th Street Capital
MCA Review
Is 36th Street Capital a Legal MCA or an Illegal Disguised Loan?
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Is 36th Street Capital's Financing Agreement Standard?
36th Street Capital Partners, LLC, based in Morristown, New Jersey, is an equipment financing company and joint venture affiliate of BlackRock TCP Capital Corp. Founded in 2015, the firm provides financing solutions including finance leases, FMV (fair market value) leases, sale-leasebacks, and structured credit facilities to middle-market and enterprise companies looking to acquire or monetize equipment.
Equipment financing is structurally different from a merchant cash advance: it's typically secured by the equipment itself, with fixed payment schedules rather than daily ACH sweeps of your revenue. That said, these agreements are still binding contracts with real consequences, and the specific terms matter far more than the marketing. Equipment finance agreements in general can include provisions such as personal guarantees, cross-default clauses tying multiple leases together, "true lease" vs. disguised security interest characterization disputes, and remedies allowing repossession plus a deficiency claim if the equipment's resale value doesn't cover what's owed.
Whether any specific agreement includes these terms depends entirely on the contract you were given. If you've received a financing offer from 36th Street Capital, or your equipment has already been repossessed or you're facing a deficiency claim, Grant Phillips Law can review the specific language and explain your options.
What to Watch For
Before You Sign
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Personal Guarantees
A personal guarantee attached to a business equipment loan or lease can expose owners to personal liability if the company defaults. -
Cross-Default Clauses
Some agreements link multiple leases or loans together, so a default on one piece of equipment can trigger default across your entire financing portfolio. -
True Lease" vs. Disguised Security Interest
Whether an arrangement is legally a lease or a secured loan affects your rights, tax treatment, and options at the end of the term — this characterization is worth confirming. -
Blanket UCC-1 Filings
Some equipment financing agreements file liens covering more than just the specific equipment financed, which can affect your ability to secure other financing. -
Repossession & Deficiency Balances
If you default, the equipment can be repossessed and sold — and you may still owe the difference between the resale price and what's left on the balance.
How Equipment Financing Arrangements Can Operate
Cross-Default Provisions
If your business has multiple financing agreements with the same lender, a default on one can be structured to trigger default on all of them simultaneously.
Equipment Repossession
Upon default, a secured lender or lessor can typically repossess the financed equipment, often without a court order if the contract allows self-help repossession.
Deficiency Judgments
If the equipment is repossessed and sold for less than the remaining balance, the lender can pursue you for the shortfall, sometimes including collection costs and fees.
UCC Lien Enforcement
A properly filed UCC-1 lien gives the financier priority rights to the collateral but overly broad filings can also complicate refinancing or selling other assets.
Contact Information
36th Street Capital Partners, LLC
Important: If 36th Street Capital has repossessed equipment or is pursuing a deficiency claim against your business, do not negotiate directly. Contact Grant Phillips Law first for a free legal review of your contract and obligations.
The Solution You Need
We Fight For
Your Business
How We Protect Your Business
Grant Phillips Law deploys proven legal strategies to protect your business, whether you're negotiating equipment financing, facing repossession, or defending against a deficiency claim.
Contract & Lease Review
Before you sign, we review cross-default clauses, guarantee language, and lease-vs-loan characterization so you understand exactly what you're agreeing to.
Deficiency Claim Defense
If equipment has been repossessed and you're facing a deficiency balance, our attorneys work to negotiate or challenge the amount claimed.
UCC Lien Review
We review UCC-1 filings tied to your equipment financing to confirm they're properly scoped and don't improperly encumber unrelated business assets.
I was drowning in MCA debt with daily debits draining my account. Grant Phillips Law negotiated a settlement I never thought possible. They genuinely care about their clients and fight hard for results. I can't recommend them enough.
— Verified Client • Business Owner • Grant Phillips Law
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