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

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

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

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

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

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

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