Author Bio

Andrew K. Alper

Partner of Frandzel Robins Bloom & Csato, L.C.

Andrew K. Alper is a partner with the law firm of Frandzel Robbins Bloom & Csato, L.C. in Los Angeles

Posts by Andrew K. Alper

The Dangers of the Boiler Plate: Default Interest May be an Unenforceable Penalty

Most loan documents contain a default interest provision, which states that the interest rate of the loan will increase in the event of a default. Default interest is enforceable, at least in the absence of an unconscionable rate. (1) California Civil... read more

What is the State of California Up To? Proposed Amendments Harmful to Business

The California Financing Law contained in Division 9 of the California Financial Code, commencing with §22000, requires licensing and regulation of finance lenders and brokers making and brokering consumer and commercial loans, except as specified. It prohibits misrepresentations, fraudulent and... read more

Hardwick v. Wilcox: Release Ineffective for Usury Claims

Usury is the exacting, taking or receiving of a greater rate than allowed by law for the use or loan of money or a forbearance. A transaction is usurious if a loan is made at greater than the legal rate... read more

Choice of Law Clauses: Not Enough to Avoid Jury Trial?

A choice of law clause in a commercial contract chosen by the parties is generally enforced. In Nedlloyd Lines B.V. v. Superior Court,1 the California Supreme Court concluded that choice of law provisions in a parties contract were enforceable. This... read more

Automatic Stay in Bankruptcy: What Chicora Life Means for Lenders

With very limited exceptions, the automatic stay in bankruptcy pursuant to 11 U.S.C. §362 protects only the debtor, the debtor’s estate and property of the debtor. It does not prohibit the debtor’s creditors from taking action against non-debtors like partners... read more

California Finance Lender’s License Law: Amendments Create New Issues for Unlicensed Brokers

Lenders who make loans to California residents must be keenly aware of California laws, especially when loans are referred or brokered by unlicensed persons. Under California law, “finance lenders” making loans in California must obtain a license from the California... read more

The Aftermath of Recharacterization: Enforcing Terms of a Lease That is Actually a Loan

A frequent topic of articles and seminars is whether transactions called lease agreements are, in fact, not leases, but instead disguised loans, leases intended as security or dirty leases. However, another important aspect of this discussion remains: What happens to... read more

District Court Upholds Enforcement of Automatic Renewal Clause – Was The Court Correct?

One of the more controversial topics in leasing is the enforcement of an automatic renewal, or evergreen, clause in a document entitled “Lease Agreement.” The typical automatic renewal clause will state something like the following: “If no default exists under... read more

Preventing Equipment Fraud

Fraud is prevalent in the financial services industry and no matter what checks and balances are put into place to prevent it, there always seems to be a latest and greatest creative fraud. Recently, Equipment Acquisition Resources (EAR) was involved... read more

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