Articles

A Question of Form or Substance

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

Court Decision Marks the End of the Road for the Chapter 7 Ride-Through Option

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

TD Equipment Finance

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

A Look at the Credit Side

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

2010 Outlook of What CFOs Expect

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

Making a Case for Leasing & Financing Independents

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

Equipment Managers Prove Their Worth as Economy Makes Slight Advances at Recovery

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

Products & Services 2009

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Fraudulent Inducement, Mistake & Unconsionability Defenses and the Importance of Language

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

Can Non-Debtors Be Discharged Through a Debtor’s Bankruptcy Reorganization Plan?

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

A New Sales Outlook

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

The ‘New’ PNC Equipment Finance — A Year in the Making

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

Looking for a Funding Partner?

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

Understanding Your Business Operation, Tax Matters and Liability

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

Are We in the Eye of the Equipment Leasing Storm?

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

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Terry Mulreany
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