Kenneth P. Weinberg Related Content

General Collateral Descriptions in Equipment Finance – The PEB Perspective

In this edition of Dispatches from the Trenches, Kenneth P. Weinberg discusses recent case law and accompanying commentary from the permanent editorial board of the Universal Commercial Code.... read more

Is it a Duck or Platypus? Examining Lease vs. Loan Analysis Under the UCC

Telling the difference between a lease and a loan under the framework of the Uniform Commercial Code isn’t as simple as it sounds. Kenneth P. Weinberg provides advice on making the distinction from an equipment leasing perspective. ... read more

Getting Cross-Eyed: Focusing on Cross-Collateralization

Kenneth P. Weinberg goes over the complicated details of cross-collateralization for equipment leasing and finance transactions with the hopes of helping those engaged in this practice to see the right solution more clearly. ... read more

The Effect of Electronic Signatures on Chattel Paper: Zooming in on the Key Questions

Electronic documents are here to stay, so Kenneth P. Weinberg addresses some of the most pressing questions about electronically signed chattel paper, including how to best determine the original or authoritative copy and more. ... read more

When Your Customer Subleases: Strategies for Addressing Legal Risk

The subleasing of equipment is a fairly common practice in the equipment finance industry, but that doesn’t mean there aren’t legal pitfalls to traverse.... read more

Six Ways From Sunday: How to Handle Conflicting Liens

Sometimes a UCC search will reveal a conflicting lien on equipment to be financed. Ken Weinberg reviews several approaches to address this common issue while preserving lenders’ rights.... read more

A Good Road is Paved with Fixed Intentions: What Do Your Documents Say About Fixtures?

Which types of equipment can be considered fixtures? Ken Weinberg says there are many ways to answer that question and discusses the importance of establishing intention about the fixture status of a piece of equipment in a lease or finance agreement.... read more

Is Your Chattel Paper All Wet? An Even Deeper Dive Into the Super-Priority of Possession

In the second installment of a series on chattel paper, Attorney Ken Weinberg scuba dives into the two distinct super-priority rules relating to proceeds interest and non-proceeds interest.... read more

Is Your Chattel Paper All Wet? A Deep Dive Into the Super-Priority Rule

In the first installment of a two-part series, Ken Weinberg dissects the super-priority rule as it relates to possessors and filers of chattel paper, examining the key requirements of new value and possession.... read more

Chasing Crooks: Successor Liability and Transfers of Trust

Attorney Ken Weinberg teaches equipment lessors how to protect their companies from crooks, particularly those who enter into a legitimate transaction only to later attempt to defraud creditors by transferring assets from an original lessor to another entity.... read more

Structured Finance and Revenue Streams: Not Absolute and Unconditional

In the first installment of a two part series, Attorney Kenneth Weinberg explores the unique nature of bundled and PPA transactions, and outlines how these transactions differ from more traditional equipment leasing and finance structures. Additionally, he provides a list of questions that will inevitably arise when equipment leasing and finance companies decide to invest in these situations.... read more

The Importance of Casualty and Loss Provisions in Equipment Financing

Kenneth P. Weinberg outlines the necessary components of well-drafted equipment lease and equipment financing agreements, including key aspects of both “casualty” and “event of loss” provisions. He also discusses the importance of including provisions that clearly outline expectations for equipment maintenance and application of insurance proceeds.... read more

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