Everest Business Funding: what business owners should know
Everest Business Funding is the trade name of EBF Holdings, LLC, one of the more established merchant cash advance funders in the U.S. It markets revenue-based funding, a purchase of a business's future receivables repaid through fixed daily or weekly ACH debits. Court filings show it has also used commercial loan documents for some borrowers, including in Texas after that state regulated sales-based financing.
Who the funder is
- Legal name
- EBF Holdings, LLC
- Headquarters
- Delaware LLC with its principal place of business in Doral, Florida (per federal court filings)
Names it may debit under on your bank statement
- Everest Business Funding
- EBF
- EBF Holdings
- Everest
Descriptors vary by bank and processor. Compare the ACH company ID on your statement with your contract.
How its contracts typically handle reconciliation
- Everest agreements are typically written as purchases of future receipts, with a specified percentage of receipts and a fixed daily or weekly debit meant to approximate that percentage.
- Like most MCA contracts, they generally include a reconciliation clause that lets the business ask for the debit to be adjusted to match actual receipts. Usually you have to request it in writing and provide bank statements.
- In practice, owners often don't know the clause exists, and adjustments aren't automatic. Courts reviewing Everest agreements have looked closely at whether reconciliation was a real right. That question decides whether a contract is treated as a true receivables purchase or a disguised loan.
- Wording varies by agreement version and state, so always read your own contract. Check the reconciliation, default, and 'events of default' sections before making changes to your bank account or payments.
Public litigation and regulatory history
Streamlined Consultants, Inc. v. EBF Holdings, LLC
U.S. District Court, S.D. New York (No. 21-cv-9528) · 2022–2023
A merchant claimed its funding agreement was a criminally usurious loan. The court granted Everest's motion to dismiss. In a later ruling on amended RICO and fraud claims, it granted Everest's motions to dismiss and for sanctions.
Source: Court opinion (2023)US Information Group LLC v. EBF Holdings, LLC
U.S. District Court, S.D. New York (No. 22-cv-6661) · 2023
A merchant and its owner alleged their agreements were loans exceeding New York usury limits and brought RICO claims against Everest and other parties. The court ruled on the defendants' motions to dismiss in September 2023.
Source: Court opinion (2023)Anglin Automotive LLC v. EBF Holdings, LLC
U.S. District Court, S.D. New York (No. 23-cv-1404) · 2024
A business owner brought RICO and breach of contract claims against Everest and several other MCA funders. The court found the plaintiffs failed to plead a civil RICO claim.
Source: Court opinion (2024)Calvary LLC v. EBF Holdings, LLC
Supreme Court of New York, Orange County (Index No. EF003081-2021) · 2022
In a dispute with a merchant, Everest moved for summary judgment on breach of contract and personal guaranty counterclaims of about $259,000.
Source: Decision and order (2022)Revival Defense LLC v. EBF Holdings, LLC
U.S. District Court, S.D. New York (No. 26-cv-07185) · 2026
A newly filed complaint alleges Everest moved a merchant through repeated renewals and later loan documents. These are allegations only and have not been decided by the court.
Source: Complaint (2026)Regulatory: Our review of public sources didn't turn up a state or federal regulatory enforcement action against EBF Holdings, LLC. That isn't a guarantee none exists. Everest also appears as a plaintiff in collection suits against merchants and guarantors, which is common for funders of its size.
This is a summary of selected public records, reviewed October 2026. It isn't a complete history. Allegations in a complaint are not findings of wrongdoing.
What negotiating with them is generally like
- Everest is a large, organized funder with in-house collections and outside counsel. Expect a process, not a quick phone call.
- Courts have often enforced Everest's agreements, so negotiations tend to go best when they rest on documented hardship and realistic numbers, not threats of litigation.
- Renewals and stacked positions are common. Mapping every open balance, including amounts rolled from prior advances, is usually the first step.
- Results vary by balance, how far behind the account is, whether a judgment or confession of judgment exists, and the merchant's documentation. No outcome is guaranteed.
Your options
Request reconciliation
If revenue has dropped, ask in writing for a reconciliation under your contract and include bank statements. Keep copies of everything.
Negotiate a modified payment
A lower debit or longer term can sometimes be arranged, especially before the account defaults.
Structured restructuring
An advisor reviews all your MCA positions together and negotiates a plan built around what the business can actually pay.
Talk to an attorney
If you've been sued, served, or a judgment has been entered, talk to a licensed attorney right away. Deadlines matter.
Berkshire Financial Services is not affiliated with, endorsed by, or partnered with Everest Business Funding. Names are used for identification only. This page is educational and is not legal advice. Results vary, and no outcome is guaranteed.
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