The title may sound like a Dr. Seuss book, a riddle or the start of a limerick. However, this is no joke. Although this discussion presently applies to only a few states, it is still quite important. The issue, elucidated,... read more
April 11, 2024
In the year since the East Palestine train derailment, rail safety has been a hot button issue in the United States. After the East Palestine derailment dominated news headlines in late February and March of 2023, there seemed to be... read more
March 28, 2024
One of the time-honored principles of the Bankruptcy Code (the “Code”) is that, with limited exceptions, only debtors actually in bankruptcy proceedings can avail themselves of the benefits of the Code. This generally means that non-debtors cannot take advantage of... read more
October 2023
Over the years I have had many opportunities to represent equipment leasing finance companies negotiating leases and other related documentation with argumentative lessees. Equipment leasing falls under the body of law for, and standard practice among practitioners of, a financing... read more
July 2023
In the wake of the COVID-19 pandemic, hearing delays and backlogs are still a large, lingering issue in the courts. Despite the advent of new legal technology (legaltech), a significant portion of the legal community continues to use outdated methods... read more
July 2023
Connecticut is, by all accounts, about to become the latest state to jump on the disclosure bandwagon. The law would take effect on January 1, 2024. There have been a few mistaken reports that the law has already been enacted... read more
June 2023
On April 10, 2023, Georgia’s new commercial financing disclosure law approached the finish line as Senate Bill 90 hit Governor Brian Kemp’s desk with strong bi-partisan support, a mere two months after it was proposed. If the bill passes, as... read more
May 2023
Commercial transaction brokers, as a general rule, have minimal obligations under the relatively new California disclosure laws (CDL) . As we know, funders (referred to in the CDL as financers or providers) have many. There are numerous and complex disclosure... read more
May 2022
A recent U.S. Supreme Court decision affirmed that debtors cannot discharge debts obtained through fraudulent actions in bankruptcy, even if they did not personally commit the fraud. The ruling is a win for both fraud victims and creditors, as it... read more
April 2023
As discussed in my last article on this subject, the New York State Department of Financial Services (“DFS”) has finalized the regulations elucidating its new Commercial Finance Disclosure Law (CFDL). The complete text of the CFDL can be found in... read more
March 2023
My hometown. What’s not to love? The Met. Babe Ruth. The Brooklyn Bridge. Joe Namath. Times Square. The perfect slice (orange and greasy, the reason New Yorkers wear black). The best bagels (with a shmear). Killer pastrami (probably literally). Then... read more
March 2023
As society pushes toward an “endemic” stage of Covid-19 that can’t come quickly enough, many lenders are seeking updated instructions on handling default accounts in the post-pandemic era. In 2022 and beyond, lenders should (1) be prepared for anything- there... read more
March 2022
In certain segments of our industry, the interest rate charged for the advance of loan proceeds may exceed the rates allowed under the usury laws of the state where the borrower or lessee may be located. It is important to... read more
August 2019
It happened again. This time, not simply via an oral ruling by a judge from the bench, but in a written opinion, for all the world to see. And even though the litigants settled their differences after the decision was... read more
June 2019
Clarity in drafting loan documents and understanding what your loan documents say are vital to a lender’s success in enforcing its rights and remedies both in and out of bankruptcy. In June, the United States Supreme Court denied review of... read more
January 2019
Terry Mulreany
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