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

Nov/Dec 2020

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

October 2020

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

Sept/Oct 2020

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

Mar/Apr 2020

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Mar/Apr 2020

Ken Weinberg revisits his thoughts on the Uniform Commercial Code and finds new clarity for its provisions relating to equipment finance in light of a recent decision by the Appellate Court in In re I80 Equipment Leasing, LLC.... read more

Nov/Dec 2019

The Small Business Reorganization Act of 2019 (SBRA) — which was recently signed into law and is set to take effect on February 20, 2020 — stands among the most significant amendments to the United States Bankruptcy Code in more than a decade. Prepare to confront new procedures, new issues and an entirely new subchapter V to Chapter 11 of the Bankruptcy Code. The SBRA portends a shift in small business bankruptcy practice.... read more

October 2019

Almost everyone procrastinates a little, but it’s the last thing you want to do when filing a continuation of a UCC financing statement. Steve Whelan examines how a failure to file came back to haunt the LNV Corporation when one of its borrowers declared bankruptcy.... read more

March/April 2019

Ken Weinberg takes a metaphorical trip around the country as he examines the ways cross-state transactions can be affected by each individual state’s laws and how companies can prepare themselves to address the subsequent issues in a lease. ... read more

January/February 2019

Describing collateral in financing statements as "all equipment leased or financed" has become common in our industry. Ken Weinberg examines whether or not these descriptions sufficiently indicate the collateral covered.... read more

November/December 2018

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

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

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

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

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