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

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

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

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

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

If you are doing business in equipment leasing and finance in California, there are some additional requirements you must meet under the California Finance Lenders Law. Attorney Alan Abergel explains the complexities. ... read more

September 2016

Attorney Ken Weinberg teaches equipment lessors how to protect their companies from crooks, particularly those who enter into a legitimate transaction only to later attempt to defraud creditors by transferring assets from an original lessor to another entity.... read more

July/August 2016

Until 1994, equipment lessors received very little respect in the bankruptcy court system created by the 1978 Bankruptcy Act. Two Congressional amendments restored their rights and enabled them to retain the value of their property. Attorney Lesley Anne Hawes recalls the two amendments that created certainty for equipment lessors.... read more

Monitor 100 2016

Attorney Andrew Alper reviews recent amendments to the California Finance Lender’s License law, which have created complications for lenders that work with unlicensed brokers. He advises anyone involved in selling, brokering or lending to obtain a license to prevent negative consequences.... read more

May/June 2016

Although the absolute priority rule has been a staple in Chapter 11 proceedings for more than a century, 2005 bankruptcy code amendments created an exception that has blurred the intended meaning. A recent 9th Circuit ruling held that the absolute priority rule does not apply to individual debtors in Chapter 11 cases. Attorney Lesley Hawes examines this ruling and its implications for secured creditors and equipment lessors with unsecured guaranties.... read more

March/April 2016

In the final installment of a two-part series, Attorney Ken Weinberg draws upon lessons learned through use of project finance structures that involve bundled or PPA transactions. By taking a close look at the methods used in these transactions, he clarifies the inherent risk.... read more

January/February 2016

Andrew Alper discusses the issues that arise after a court recharacterizes a lease transaction as a loan. He reminds us that while a contract will remain enforceable, regardless of whether it is determined to be a lease or loan, there is no substitute for careful drafting.... read more

September/October 2015

Leslie Ann Hawes examines the Uniform Voidable Transactions Act — the proposed new name for the Uniform Fraudulent Transfer Act — and outlines the Uniform Law Commission’s proposed amendments as well as implications posed for creditors.... read more

Monitor 100 2015

Monitor contributor Andrew Alper discusses the enforcement of automatic renewal or evergreen clauses in the leasing industry. He argues that while the court may uphold the lessor’s right to enforce these clauses, this practice comes with the risks of damaging a lessor's reputation and encourages further regulation in the industry.... read more

May/June 2015