In the Matter of Lothian Oil Inc., the Fifth Circuit concluded that the power to determine claims in bankruptcy under §502 of the U.S. Bankruptcy Code is not limited to merely allowing or disallowing the claim, but can include the power to determine the proper treatment of the claim, including recharacterization of the claim as debt or equity. More important for creditors, the Fifth Circuit rejected as a matter of law the claimant’s contention, and the ruling of the district court, that recharacterization of a debt as equity is only available as a matter of law with respect to a claim held by an insider.... read more

October 2011

Linda Kester writes, “In 2002, I signed a contract with Leasing Power Tools Press to write a book on equipment leasing sales. Four years later, there was no book. I tried. I’d write, criticize myself, crinkle the paper up and throw it in the trash. I’d sit down with the intention of writing and then any other activity that popped into my mind would take precedence. Clipping my toenails suddenly became urgent!”... read more

October 2011

Right now many companies worldwide are caught in the vice of accelerating change in the world economic order and perhaps even more rapid changes in how business is being done. While always important, effective strategic planning is a must-do item on the CEO’s “to do” list. In Part I of this two-part article, Ken Naglewski of Seabiscuit Partners, provides a penetrating look at what is strategy and a perspective on best practices.... read more

October 2011

A lessor contemplating a finance transaction in Indian country should exercise due diligence by consulting with counsel familiar with tribes and tribal law, waivers of sovereign immunity, and their effect on the finance transaction. Ultimately, it is a business decision whether to lease or finance equipment to a tribe, tribal entity or tribal member where the equipment will be on a reservation. Understanding the issues surrounding such a decision is the first step toward a successful transaction.... read more

October 2011

Bringing the right pieces together for any new venture can be risky and difficult. But for TAB Bank, which already has experience funding equipment leasing transactions, putting together a new Leasing Division with Mike Coon as head of the unit was a natural fit for TAB’s already established commercial lending portfolio.... read more

October 2011

Dexter Van Dango returns to this year’s Fall Conference edition with his take on surviving the ever-changing business environment. He looks beyond the fallout caused by the financial crisis and the regulatory oversight that followed. Here Van Dango speaks to industry participants directly, offering some sage advice for everyone — from Baby Boomers to Gen-Zs.... read more

October 2011

It’s no secret that the past three or four years have been a struggle for many equipment finance companies and their customers. Economic indicators remain unsteady, and the U.S. stock market bounces up and down almost daily. It’s no wonder that we’ve taken note of PNC Equipment Finance’s steady rise to the top within the same time frame.... read more

October 2011

Many restaurants operate within the franchisor/franchisee business model, and these relationships have become particularly strained in the current economy. When times are tough, franchisees typically respond by taking steps to improve operations and preserve the bottom line across stores. These changes can range from minor belt-tightening moves to closing one or more unprofitable locations. Unfortunately, many restaurant franchisees do not currently have the flexibility needed to make changes at the local level due to strict and complex franchise agreements.... read more

October 2011

As the long-awaited economy recovery teeters along, we asked a select group of equipment leasing and finance executives to assess the state of the industry now and into 2012. These leaders continue to express the kind of optimism inherent in industry veterans who have weathered down cycles. Now with stronger portfolios and liquidity, they remain undaunted by economic uncertainties and continue to seek out — and find — opportunities.... read more

October 2011

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October 2011

The filing of an involuntary bankruptcy petition by a creditor can be a very useful tool for a creditor to collect money from its recalcitrant debtor. But given some new cases, maybe a creditor should give the filing of an involuntary bankruptcy proceeding a second thought. ... read more

September/October 2011

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September/October 2011

The IT leasing and financing marketplace remains one of the more vibrant sectors with reasonable growth prospects through 2015. Even with the moderate economic growth forecast, IDC expects companies will continue to invest in technology that improves efficiency and helps them expand their reach into new markets — sustaining IT spending demand — and IT leasing and financing requirements. ... read more

September/October 2011

When it comes to reselling equipment, no matter how much research you do or how prepared you are, ultimately it’s the marketplace that determines the outcome of the sale. Understanding the marketplace, effective marketing strategies and the flexibility of your business all contribute to the success of liquidating equipment … both today and in years to come.... read more

September/October 2011

Equipment markets can’t seem to get a break. After losing 37% of its workforce during the economic downturn, the construction equipment industry has suffered through a jobless recovery plagued by uncertainty surrounding long-term federal infrastructure investments. Given the outsized role the federal government plays in driving equipment purchases to build infrastructure projects, this uncertainty has constrained growth.... read more

September/October 2011