Legal

How Guaranteed are Your Guaranties?

Ken Greene examines a growing bankruptcy trend toward the release of non-debtor third parties despite the absence of consent from creditors. Using the Purdue Pharma case as an example, Greene illustrates why this trend is headed for the Supreme Court.... read more

Nudum Pactum

Before you close your next deal, have you triple checked to ensure that the contract with the borrower is enforceable? Stephen T. Whelan examines Balboa Capital v. Okoji Home Visits and outlines five steps you can take to avoid a nudum pactum outcome.... read more

How Law Firms are Changing — and Can Change — to Keep Pace with the Equipment Finance Industry

As the equipment finance industry evolves, the law firms that serve the industry are called to make changes as well. Lewis J. Cohn explores how law firms can remain competitive while taking an innovative, proactive and consultative approach.... read more

Equipment Leases V. Equipment Financings: Acknowledging The Similarities

This special edition of Dispatches from the Trenches, co-authored by Ken Weinberg and Moorari Shah, winners of the ELFA’s Award for Legal Excellence, explores the similarities between equipment leases and financings, especially considering recent interest rate disclosure legislation.... read more

Full Disclosure: What You Need to Know About the New York Commercial Finance Disclosure Law

Are you up to speed with the disclosure laws taking effect in New York? Scott Chait provides an overview of everything you need to know to prepare for the Aug. 1 deadline. ... read more

Behind The Metrics: Closed Cases, Not Just New Filings, Are Key to Spotting Bankruptcy Trends

Bankruptcy filing statistics are important, but they only scratch the surface when it comes to assessing overall trends in the world of distressed businesses. Gregg Morin identifies some of the other metrics that matter and delves into what they’ve shown about 2022 so far.... read more

California’s Commercial Finance Disclosure Laws: A Guide

With California’s commercial financing disclosure laws becoming effective on Dec. 9, Andrew K. Alper of Frandzel Robins Bloom & Csato provides an updated and detailed guide to the new regulations. ... read more

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

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

New York: The Empire State … of Regulations

New York State introduced new regulations that will affect commercial finance providers. Stephen Whelan discusses the disclosure to borrowers that will begin in 2022 and a bill regarding licensing requirements that was introduced to the New York Senate while providing updates on two court decisions that may impact the industry.... 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

Remedies Available (or Unavailable) to Secured Lenders in the COVID-19 Environment

New York Governor Andrew Cuomo’s Executive Order 202.8 banned foreclosures and secured lenders have felt the impact. Marc Hamroff and Danielle Marlow examine four recent cases and their implications for secured lenders seeking relief. ... read more

DOUBLE TROUBLE: New York and California Threaten Many Business Practices

Many equipment finance companies work with third-party sales organizations or originators. But what happens if one of those third parties is accused of fraud? Stephen Whelan examines two cases that may cause equipment finance professionals to question their business practices. ... read more

2020 and Beyond – Keep an Eye on the Tax Code!

2020 may see many changes to the political arena and possible changes in the Tax Code. This article will examine areas of the Tax Code that lessors should monitor for opportunities as well as with caution.... read more

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Terry Mulreany
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