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Florida BBQ Franchisee Files for Bankruptcy Again, Blames Costly MCA Loans

A single-location Woody's Bar-B-Q franchisee filed Chapter 11 for the second time in three years, calling its advance terms usurious. The filing is a warning sign for any owner using MCAs to cover cash flow gaps.

July 6, 2026·5 min read·By Christian Smith, Berkshire Financial Services

Florida BBQ Franchisee Files for Bankruptcy Again, Blames Costly MCA Loans

By Christian Smith July 6, 2026 Berkshire Financial Services

A Florida restaurant company just filed for bankruptcy again. This is the second time in three years. The company says merchant cash advances, or MCAs, played a big part in the collapse. This is a warning sign. It matters for any small business owner who took out an MCA to cover cash flow gaps.

What Happened

G.A.H. Bar-B-Q, Inc. is the corporate entity behind one Woody’s Bar-B-Q restaurant. It is in Melbourne, Florida. Woody’s Bar-B-Q is a nine-location Florida chain, but this filing covers only this single franchise location, not the whole brand. On June 24, 2026, G.A.H. Bar-B-Q, Inc. filed for Chapter 11 protection. The filing was made in the U.S. Bankruptcy Court for the Middle District of Florida. The business plans to keep running the restaurant. At the same time, it will work out a plan to repay its debts.

Court records show how the trouble started. The owner handed daily operations to an on-site manager. Beef and other food costs rose fast. The restaurant did not raise menu prices fast enough to keep up. That squeezed profits and drained cash.

To cover the shortfall, the company took out an MCA loan. In its own court filing, the business called the loan terms “usurious and unconscionable.” That one decision helped push the restaurant into serious financial trouble, the filing says. Owner Gregory Alan Helwig has since taken back direct control. He is trying to stabilize the business.

The Numbers Behind the Filing

The financial picture is stark. The company reported about $50,924 in total assets against roughly $335,872 in liabilities. Assets include $40,224 in cash, $2,700 in inventory, $2,700 in restaurant equipment, and a vehicle worth about $5,000.

Sales have also been sliding. Gross revenue was about $1.45 million in 2024. It dropped to roughly $1.35 million in 2025. So far in 2026, the restaurant has brought in about $667,826.

The debt list includes an $85,000 loan from Seacoast National Bank. It also includes about

$250,715 in general unsecured claims. Much of that comes from disputed MCA debt. Creditors include Flagler Advance at $100,000, Olympus Business Capital at $80,000, Alliance Funding Group at $40,000, and Flexibility Capital at $30,714.75.

The restaurant leases its space at 2227 W. New Haven Avenue in Melbourne. That lease runs through April 2029. Its Woody’s Bar-B-Q franchise agreement runs through September 2033.

Not the First Time

This is the company’s second bankruptcy filing in three years. It also filed in 2023. Back then, it pointed to lingering effects from COVID-19. The business said government relief funds and MCA loans became necessary. Food, labor, and rent costs kept climbing while sales stayed flat. Before the pandemic, the restaurant brought in about $1.8 million a year.

Woody’s Bar-B-Q was founded in 1980 by Woody Mills and Yolanda Mills-Mawman. In 2025, they sold the company to franchisee Jack Dunsmoor and his partner, Kelly Harris. The chain now has nine locations across Florida.

A Wider Pattern

This case is not alone. Several other restaurant operators have also pointed to MCA debt as a major factor in their own recent bankruptcies. These include the parent company of Shari’s and Coco’s Bakery, a multi-unit Farmer Boys franchisee, a 43-unit Subway franchisee, and a 22-unit Del Taco franchisee.

The Bottom Line

MCA financing can look like a quick fix when cash is tight. But the terms are often far more costly than a normal loan. The daily or weekly payments can drain your cash fast. When food costs rise or sales dip, that structure can turn a small problem into a business-ending one. If your business carries MCA debt and the payments feel unmanageable, it is worth learning your options now.

What This Means for Your Contract

If your business has one or more active MCA agreements, stacked payments and daily withdrawals can quickly outpace your cash flow, just as they did for this Florida restaurant. Reviewing your contract terms now, before a default happens, can help you understand your options and avoid being forced into a similar filing.

Frequently Asked Questions

  1. Are MCAs considered illegal loans? MCAs are not structured as traditional loans. They are sold as a purchase of future receivables, which is how providers avoid state usury and lending laws that cap interest rates. However, some courts have found that certain MCA agreements function like loans in practice and may be subject to legal challenge, especially when terms are extremely one-sided. This is decided case by case, based on the specific contract and state law.
  2. Can MCA providers seize my assets or freeze my bank accounts? An MCA provider generally cannot seize assets or freeze your bank account without a court order first. But many MCA contracts include a personal guarantee and a confession of judgment clause. A confession of judgment lets a provider get that court order fast, sometimes without a hearing where you can defend yourself. Some states have restricted or banned this practice, but rules vary widely by state. This makes it critical to know exactly what you signed and where your business is located.
  3. What happens if I default? Default can trigger a lawsuit, a judgment against your business or you personally if you signed a guarantee, and collection actions like bank account levies or liens. Some providers move quickly, especially where a confession of judgment clause is in place. The consequences depend on your specific contract and state, which is why reviewing your agreement early matters.
  4. Can MCA debt be settled or consolidated? In many cases, yes. Businesses with multiple MCA obligations may be able to negotiate a settlement, restructure payments, or consolidate several advances into a single, more manageable arrangement. The right path depends on the number of contracts involved, the amounts owed, and your overall financial position.

To speak with a Berkshire Financial Services Finance Manager about your file, call 1-800-801-1019.

Informational purposes only. Not legal advice. Berkshire Financial Services is not a law firm. Results vary.

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