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

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