Legal

The Dangers of the Boiler Plate: Default Interest May be an Unenforceable Penalty

Lenders often tack a standard default interest rate provision on loan documents, but recent bankruptcy cases have demonstrated the dangers of this practice. Andrew Alper examines the Altadena Lincoln Crossing case and encourages lenders to have a conversation with borrowers about the default rate and the reasons behind it before both parties sign on the dotted line.... read more

September/October 2018

Tariffs and Taxes: Impacts on Equipment Leasing

What do tariffs and tax reform mean for the equipment finance industry? Carl C. Chrappa and Shawn D. Halladay investigate the ramifications of recently enacted or threatened tariffs and explore the silver lining of tax reform that will encourage customers to lease.... read more

September/October 2018

A Little Something About Proof of Insurance (This Article Confers No Rights Upon the Reader)

Although maintaining insurance on equipment is usually a mandatory provision of financing agreements, the disclaimer language used on proof of insurance forms seems to render the certificates worthless. To help lenders protect their interests, Ken Weinberg discusses the different types of insurance certificate forms and specific items to monitor on each certificate.... read more

July/August 2018

Stipulate — and Lose? The Danger of Relying on Casualty Values

A recent Bankruptcy Court oral decision has cast doubt on using casualty values in a default context. Stephen Whelan provides background on this turn of events and offers an improved solution for lessors to calculate damages and stipulated loss values.... read more

Monitor 100 2018

What is the State of California Up To? Proposed Amendments Harmful to Business

One of the purposes of the California Financial Law is to ensure an adequate supply of credit to borrowers in the state, but Andrew Alper argues the law — and proposed amendments — are harmful to business. He dissects newly-introduced legislation, which could significantly affect lenders and brokers.... read more

May/June 2018

Blockchain: The Next Big Thing for Equipment Finance?

Blockchain technology, an esoteric topic a few years ago, has worked its way into the mainstream. Blank Rome’s Keith Letourneau and Stephen Whelan provide an overview of this distributed ledger technology and discuss how it could be used in equipment, commercial and trade finance transactions.... read more

March/April 2018

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

January/February 2018

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

November/December 2017

Hardwick v. Wilcox: Release Ineffective for Usury Claims

Andrew Alper examines usury and discusses paths to exemption available for lenders using the Hardwick case as an example to demonstrate that having a borrower sign a general release may not always release the borrower’s right to file a usury claim against a lender.... read more

September/October 2017

The B-B-Billion Dollar Mistake: Remember to Take a Deep B-B-Breath Before Touching Financing Statements

Gather around the campfire as Ken Weinberg tells the tale of the billion dollar mistake, a cautionary truelife horror story that reinforces the importance of financing statements. These documents often do not receive the attention they deserve, which can lead to disastrous consequences.... read more

July/August 2017

Choice of Law Clauses: Not Enough to Avoid Jury Trial?

Although many commercial contracts contain pre-dispute choice of law clauses, they are not always enforced due to conflicts with public policy. Attorney Andrew Alper reviews several cases with different outcomes which address this issue.... read more

May/June 2017

Don’t Be an April Fool: How to Avoid the Hague Hangover

Stephen Whalen examines how the Hague Convention will affect the equipment finance industry. He urges those who use securities accounts for securitization transactions, portfolio sales or security deposits to familiarize themselves with the new rules before they go into effect on April 1.... read more

March/April 2017

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

January/February 2017

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

November/December 2016

Automatic Stay in Bankruptcy: What Chicora Life Means for Lenders

The recent Chicora Life case has provided additional law for debtors and guarantors to cite as authority when attempting to stay the lender from proceeding against a guarantor. Attorney Andrew Alper examines this case and the history of the automatic stay in bankruptcy proceedings.... read more

September/October 2016