This edition of Dispatches From the Trenches discusses: whether an assigned lease is part of the assignor’s bankruptcy estate; and whether a lessee has a valid cause of action if a lessor misrepresents that the “lease” is really a loan. Mixed goods and services transactions and conflicting choice of law provisions are also mentioned.... read more
January/February 2010
Under the ride-through option, debtors had an option in bankruptcy … to retain vehicles without reaffirming the debt and without redeeming the collateral. They could simply continue to make the monthly payments. If the debtor defaulted, lenders could repossess. However the Ninth Circuit of Appeals recent decision in the Dumont case may have taken that option away.... read more
January/February 2010
Anthony Sasso is upbeat about the future. And these days, that’s saying a lot. As the leader of TD Equipment Finance, he shares his outlook for the equipment leasing industry as a whole and where his operation fits inside of the TD Bank franchise. Armed with a customer-centric culture, committed leadership and a strong team of professionals, Sasso finds it somewhat difficult to contain his enthusiasm.... read more
January/February 2010
This is the first of a special series devoted to conversations with key executives of Monitor 100 companies. In the series, we will address topics related to the overall editorial theme of the issue at hand. In terms of risk management, who better to launch this column than Andrew Mesches?... read more
January/February 2010
The following article explores the results of the 12th annual survey of mid-size and large U.S. manufacturing company CFOs commissioned by Bank of America Business Capital. Phone interviews were conducted from mid-August to mid-October 2009. ... read more
January/February 2010
In this issue, we decided to chat with Bob Rinaldi, former president of National City Commercial Capital Company (NC4) Canada, and executive vice president of NC4. Here he describes what he feels is the current economic climate for the equipment leasing and financing industry and what independent lessors should be considering now that the tide is starting to turn for the better.... read more
January/February 2010
February marks the first official gathering of asset managers since the end of the recession, when the Equipment Leasing & Finance Association convenes its 2010 Equipment Management Conference in Tucson, AZ. In anticipation, the Monitor reached out to five of the industry’s leading asset managers — including the chairperson of this year’s conference planning committee — to see what the past two years have been like, what people will be talking about and what’s in store for 2010.... read more
January/February 2010
This edition of Dispatches from the Trenches discusses: a borrower’s attempt to avoid its obligations under an equipment financing agreement by asserting the defenses of fraudulent inducement, mistake and unconsionability, and why lessors should make sure their leases have standard language noting that the equipment does not constitute a fixture and is removable from and not essential to the premises where the equipment is located.... read more
November/December 2009
This article arises because of a very recent case entitled The Pacific Lumber Co, 2009 West Law 3082766; 2009 U.S. App. LEXIS 21749 filed in the Fifth Circuit. Among many other issues, it revisits the issue as to whether a plan of reorganization can release non-debtors from liability. Before getting to this case, a discussion of the law regarding non-debtor releases is appropriate. ... read more
November/December 2009
To be a truly productive, healthy salesperson, you need to stop feeling victimized. Replace negative reactions with a plan to keep you in a solid, peaceful state of mind, regardless of any drama going on around you. Linda Kester offers five simple ways to defeat negativity and create a new sales outlook.... read more
November/December 2009
In a formal announcement on November 6, the equipment finance units of National City and The PNC Financial Services Group were joined together under one name as PNC Equipment Finance; and who better to lead the new unit than Vince Rinaldi, who 25 years ago founded the tiny firm that today is among the top-five largest bank leasing companies in the nation.... read more
November/December 2009
Preparing to negotiate with existing funding sources or to solicit new ones, should be treated as the most significant undertaking in your company’s existence. Even the most consistent performers are being held to a much higher standard of performance and transparency. The expectations from sources of capital extend beyond financial strength and into detailed operational assessments.... read more
November/December 2009
Not knowing the basic foundation of how your company is running or how the government views your company’s liability could be your biggest exposure in these hard economic times. You could be playing a game of roulette with your money and the business that you’ve spent a lifetime building … or would that be a game of craps?... read more
November/December 2009
Dexter Van Dango is the pen name for a real senior executive with more than 25 years of experience in the equipment leasing industry. And like many people in the equipment finance industry, he wonders where everything is headed. But when it comes down to it, he’s optimistically looking for the “green shoots.”... read more
November/December 2009