Author Bio

Kenneth P. Weinberg

Partner of Rimon, P.C.

Kenneth P. Weinberg is a Partner of Rimon, P.C. and practices in the area of commercial finance, focusing on equipment leasing, equipment finance and renewable energy project finance. He has penned Dispatches from the Trenches since 2002.

Posts by Kenneth P. Weinberg

Equipment Leases V. Equipment Financings: Acknowledging The Similarities

The recent deluge of state commercial financing disclosure laws designed to mimic consumer-style truth-in-lending statements raises interesting policy considerations as it relates to the inclusion or exclusion of equipment leasing and finance transactions.1 In particular, of all the relevant laws... read more

General Collateral Descriptions in Equipment Finance – The PEB Perspective

It is fairly common in the equipment leasing and finance industry for financing statements to describe the equipment, inventory or other goods being leased or financed by referring to an unattached master lease, lease schedule or other document. Some of... read more

Is it a Duck or Platypus? Examining Lease vs. Loan Analysis Under the UCC

If something looks like, walks like and quacks like a duck, then it just may be a duck. Although this type of abductive reasoning can be useful in a wide range of circumstances, it can lead to poor conclusions when... read more

The Effect of Electronic Signatures on Chattel Paper: Zooming in on the Key Questions

Electronic signatures have become increasingly common in equipment leasing and finance transactions, and the COVID-19 pandemic has only accelerated this trend. Many questions surrounding the enforceability of these transactions against lessees and borrowers are similar to those raised in other... read more

When Your Customer Subleases: Strategies for Addressing Legal Risk

It happens all the time. You finance a customer’s acquisition of equipment and the customer subleases the equipment. While there is nothing inherently wrong with such arrangements, several potential issues arise which, if not carefully addressed, could expose a finance... read more

Dispatches From the Trenches

Late last year, Dispatches from the Trenches focused on the increasingly common approach in our industry of describing collateral in financing statements as “all equipment leased or financed” or words of similar effect.1 Two additional holdings have further clarified the... read more

Tipping the Scales: Dispatches from the Trenches: Usury and Choice of Law Considerations

In certain segments of our industry, the interest rate charged for the advance of loan proceeds may exceed the rates allowed under the usury laws of the state where the borrower or lessee may be located. It is important to... read more

Tipping the Scales: A Little Something to Consider When Crossing State Lines

Various common types of transactions in our industry result in equipment leasing and finance companies acquiring interests in transactions that are outside the primary states in which they are located. Some examples include the very active market pursuant to which... read more

General UCC Filings: All Equipment Leased or Financed

The core purpose of a UCC financing statement is to give notice to secured parties, lien creditors, purchasers and other third parties that the secured party identified in the financing statement claims an interest in the collateral described in the... read more

A Little Something About Proof of Insurance (This Article Confers No Rights Upon the Reader)

Equipment finance agreements often include robust provisions addressing a variety of insurance issues, including obligations to maintain property and/or liability insurance. Of course, contractual provisions obligating the lessee or borrower to maintain insurance are of little value if the requisite... read more

Six Ways From Sunday: How to Handle Conflicting Liens

In certain circumstances, a lender providing equipment financing may be unable or unwilling to obtain or rely on the super-priority lien afforded to a purchase money security interest under §9-324 of the Uniform Commercial Code. In these circumstances, the lender... read more

A Good Road is Paved with Fixed Intentions: What Do Your Documents Say About Fixtures?

A classic proverb states that the road to a bad, bad place is paved with good intentions. When it comes to a particular type of goods, known as fixtures, an expression of intent can be very valuable. Strong equipment leasing... read more

The B-B-Billion Dollar Mistake: Remember to Take a Deep B-B-Breath Before Touching Financing Statements

Our industry is known for creative and complex structures. Leasing products, designed in part to more effectively monetize tax benefits, include a plethora of options such as early buyout, early termination, fixed price, fair market value, TRAC, Split-TRAC, renewal and... read more

Is Your Chattel Paper All Wet? An Even Deeper Dive Into the Super-Priority of Possession

The last edition of Dispatches from the Trenches explored certain aspects of the super-priority rule contained in Article 9 of the UCC relating to possession of chattel paper. As discussed, under certain circumstances, this rule allows a party that takes... read more

Is Your Chattel Paper All Wet? A Deep Dive Into the Super-Priority Rule

Active members of the equipment leasing and finance industry are often familiar with the super-priority rule contained in Article 9 of the UCC. Under certain circumstances, this rule allows a party that takes possession of chattel paper in connection with... read more

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