2006 February Issue

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FEBRUARY 2006
Avoiding Precarious Situations
Managers Balance Risk & Reward

FEATURES

Equipment Leasing & Ethics… When Do Creative Structures go too Far?
By Stephen R. Harwood, Cypress Financial Corporation & Nicholas Falzone
The enron debacle has caused everyone to take a fresh look at business activities through a new ethical prism. Stephen Harwood and Nicholas falzone review the some of the principal big-ticket equipment leasing structures and consider them from an ethical perspective. (Ref # LTL 015)

Trouble with Fleet Leases? Conflicting IAS & UK Lease Classification Rules Create Complications For Lessors
By Bill Bosco, Leasing 101
It used to be that fleet lessors could use a split TRAC lease or synthetic lease structure to lease vehicles to U.S. subs of European parents and get operating lease treatment for their customers. That’s a thing of the past… (Ref # ACC032)

Defending the Equipment Financier — Avoidance Actions, Preference Payments and Lease Repurchase Agreements
By Inez M. Markovich & Steven B. Freedman, Frey, Petrakis, Deeb, Blum & Briggs, P.C.
Since equipment leasing and finance companies provide a critical source of capital, they often become the target of an avoidance action in a bankruptcy case filed by a lessee. obtaining a good understanding of the defenses available helps minimize exposure in preference actions. (Ref # LGL1061)

2006 CFO Outlook: A Survey of What Manufacturing Chiefs Expect
By Jeff Wilson, Bank of America Business Capital
According to the eighth annual survey of mid-size and large U.S. manufacturing company CFOs commissioned by bank of america business Capital, while many are optimistic about the prospects for their own companies, CFOs are concerned about economic expansion and growth opportunities for the manufacturing sector in 2006. (Ref # GEN025)

Avoiding Precarious Situations… Balancing Risk and Reward Still the Name oF the Game, Asset Managers Say
By Christopher Moraff, Associate Editor
The Monitor speaks with a group of the industry’s most capable asset managers to shed light on what the new year will bring and what the old one left behind. (Ref # EQM138)

Fraud in C & D Credits: Some Simple Solutions to Complex Issues
By Brian Barbetto, Dakota Financial, LLC
Since identifying fraudulent transactions is vital to the longevity of the equipment leasing business, the question remains: How does one detect it, and once identified, how does one mitigate the risk involved? (Ref # FRD008)

COLUMNS

DOING IT RIGHT THE FIRST TIME
Return Provisions… Realization or Status Quo?
By Mark D. Schickendantz, Asset Management Associates
Mark Schickendantz examines why the financial community continues to experience such difficulty in performing the simplest components of transactional due diligence as it relates to the equipment being purchased on behalf of customers. (Ref # EQM139)

LEGAL WATCH
Both Favorable & Dramatic Changes Pepper automatic Stay Provisions Under BAPCPA
By Lesley Anne Hawes, Frandzel Robins Bloom & Csato, L.C.
IWhile much attention has been focused on the reforms pertaining to consumer eligibility and debt relief provisions under BAPCPA, many other provisions were amended by the Act, including §362 governing the automatic stay. (Ref # LGL1062)

DISPATCHES FROM THE TRENCHES
Creeping Consumerism & Class Actions; Exculpatory Contracts
By Kenneth P. Weinberg, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
This edition discusses two New Jersey cases where class actions were brought by commercial lessees under consumer protection laws, as well as the enforceability of an exculpatory provision. (Ref # LGL1063)

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Questions or comments regarding Monitor content, or to inquire about submitting an article, contact Stuart Papavassiliou, Senior Editor, at 610.293.1300 ext. 124 or e-mail sppapa@monitordaily.com