Legal

Who’s Monitoring The Monitor? How The FDA, Fannie Mae, And Freddie Mac Shape Your Financial Future

Regulatory giants like the FDA, Fannie Mae and Freddie Mac wield enormous influence over the economy, yet their decisions often go unchecked. Understanding their impact on finance, lending and business operations is crucial to navigating an increasingly complex economic landscape.... read more

Who’s Monitoring the Monitor?

We trust institutions like the FDIC, SEC and IRS to safeguard our finances — but who’s keeping an eye on them? In the first of a series, Ken Greene delves into the oversight (or lack thereof) of these powerful entities, revealing what you need to know about the monitors of our financial system.... read more

The Times, They Are A-Changin’: The 2022 Amendments to the UCC

At least half of the U.S. states have adopted the 2022 Amendments to Article 9 of the Uniform Commercial Code focusing primarily on digital assets, electronic money and chattel paper, among other facets. Kenneth Weinberg outlines the highlights, impact and nuances of these changes.... read more

Preserving and Collecting a Deficiency Balance After Repo and Sale

Repossession and sale of equipment rarely covers the debt owed to an equipment financier after repo and sale. Andrew Voorhees outlines how following UCC formalities in collateral disposition can preserve the right to collect a deficiency.... read more

Wire Fraud!

Hackers are finding new ways to commit wire fraud. Stephen Whelan explores examples from recent case law and outlines precautions that equipment financiers can take to avoid becoming a victim.... read more

The Art of the Deal: Financing Musicians

Music makes the world go ‘round, but who finances the musicians? Ken Greene explores the often untapped music industry and how lenders and lessees can break into the market.... read more

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

View Latest Digital Edition

Terry Mulreany
Subscriptions: 800 708 9373 x130
[email protected]
Susie Angelucci
Advertising: 484.459.3016
[email protected]

View Latest Digital Edition

Visit our sister website for news, information, exclusive articles,
deal tables and more on the asset-based lending, factoring,
and restructuring industries.
www.abfjournal.com