Defining a Security Interest?

In Ken Weinberg’s estimation, Article 9 of the Uniform Commercial Code is an extremely thoughtful and thorough statute. But, he warns, it’s not the end all, be all of security interests, and it is therefore prudent to visit what is and what isn’t covered by Article 9’s broad scope.... read more

Bankruptcy Plan Confirmation

The Third Circuit’s decision in the case In re Philadelphia Newspapers concurs with a similar holding in the case In re Pacific Lumber Co. in which the Fifth Circuit upheld an order confirming a plan proposing to transfer collateral securing claims of the secured lenders free and clear of liens, paying the secured lenders in cash the value of their undersecured claims, and precluding the lenders from credit bidding. ... read more

Risk Management for Salespeople

Since risk is a part of virtually every aspect of living, Linda Kester shares some advice from her friend Ted … rather than running from risk, learn to embrace it. From Kester’s perspective, the end result is frequently less important than what it takes to build up the courage to take unfamiliar actions.... read more

SunTrust Equipment Finance & Leasing

Six months after taking over the reigns at SunTrust Equipment Finance & Leasing as president, Ken Turner is geared to expand the bank subsidiary by diversifying its balance sheet, optimizing the company’s business mix and growing its market share.... read more

Proposed Lease Accounting Rules Will Change Our Business

This is the first of a six-part series on how the proposed lease accounting rules will impact six major market segments in the leasing industry. This segment will focus on computers, IT, copiers and other office equipment. Future segments will cover vehicles, construction/materials handling, large-ticket transportation, medical and municipal leases. The special series will address both lessee and lessor impacts.... read more

Attorneys Discuss Equipment Leasing, Financing and Litigation in 2011

As 2011 brings a hopefully brighter outlook for the equipment leasing and financing sector, we asked a group of attorneys how they see the new year in terms of the state of the economy and its affect on litigation and bankruptcy as well as their predictions for the equipment leasing and financing industry as well as the banking industry. While there are signs for optimism after a number of hard years, our participants note that conservatism in lending, especially, will still reign.... read more

Assessing Credit & Risk

As the equipment financing industry emerges from the hard times of the past few years, credit managers see a glimmer of hope on the horizon. Assessing credit and weighing risk is more challenging than ever, but liquidity is returning to the marketplace, and new business originations are making a comeback. So, what happens now? Do we go back to business as usual, or is it a brave new world?... read more

Equipment Finance Inc. Fraud

Who knows what evil lurks in the hearts of men? When Equipment Finance was acquired by Sterling Financial in March 2002, the specialty lender was hailed as a “well managed company with exceptional profitability and sound credit quality.” What eventually developed was a drama fraught with deception and collusion that would lead to the collapse and subsequent sale of a $3.3 billion community bank six years later.... read more

2011 Outlook of What CFOs Expect

How do top financial decision makers view the world economy and what is their outlook for revenue, financing, M&A activity and involvement in foreign markets, three years after the worst financial crisis since the Great Depression? To find out, Bank of America Business Capital turned to an independent research firm, surveying more than 800 CFOs representing U.S. manufacturing and services and commodities companies.... read more

For Asset Managers, 2011 Brings Both Challenges and Excitement

With the Equipment Leasing and Finance Association’s Annual Equipment Management Conference happening in the not-so-distant future, the Monitor assembled a panel of five of the industry’s leading asset managers to gain their insight about topics ranging from sound industry practices to rebounding sectors. Here’s what they had to say…... read more

Proposed UCC Article Amendments That Will Impact Equipment Financing

With Article 9 provisions changing and inconsistencies among the codes of various jurisdictions, maintaining a secure position can be a complex responsibility. Bottom line, secure positions are the lifeblood to an equipment lessor and an understanding of changing regulation is critical to success.... read more

A Little Something About Suretyship, Co-Borrowers and Co-Lessees

When it comes to co-borrowers and co-lessees, attorney Ken Weinberg returns to remind us that even if you call a duck a monkey, it’s still a duck. As such, lenders and lessors should proceed with caution when using these structures to avoid the potential for sticky situations down the road. ... read more

Enforcement of Standstill Provisions

In the world of second lien lending and seller “carry back” financing, it is not uncommon for the lenders to enter into subordination agreements whereby the second lien subordinates its lien and its right to collect payments or money to the first lien. Onerous standstill provisions in subordination agreements are less common but also not unusual in subordination agreements. ... read more

For the Love of Leasing

Discouraged by some of the negative connotations associated with being a leasing professional? Linda Kester ends the year with three simple steps on how to rekindle your love affair with leasing. After all, Kester contends, when you fall in love with what you’re selling, you can become much more than a sales rep — you become a force for good.... read more

Nations Equipment Finance

The equipment finance industry took notice when industry veterans Phil Carlson and Tom Fanelli announced the formation of Nations Equipment Finance only weeks ago. What compels the two to create a new venture once again? Maybe it’s something like the thrill of the launch and, of course, to seize some big opportunities.... read more

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