Legal

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

Kenneth P. Weinberg

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: Stipulate – and Lose, Part II

Stephen T. Whelan

It happened again. This time, not simply via an oral ruling by a judge from the bench, but in a written opinion, for all the world to see. And even though the litigants settled their differences after the decision was... read more

Lenders Beware: Acceleration May Defeat Right to Prepayment Premium

Theresa Driscoll

Clarity in drafting loan documents and understanding what your loan documents say are vital to a lender’s success in enforcing its rights and remedies both in and out of bankruptcy. In June, the United States Supreme Court denied review of... read more

Don’t Get Blinded by a Lessor’s Fraud

Jennifer L. Howard

Periodically in the equipment leasing industry, cases crop up involving schemes in which equipment is marketed as being essentially “free,” because the lessee will supposedly receive payments for advertising on the equipment, in an amount roughly the same as the... read more

Fraud and Greed in Equipment Finance

Dexter Van Dango

Nearly 2,500 years ago Greek poet Sophocles quipped that he would “rather fail with honor than succeed by fraud.” It seems that some people disagree with Sophocles — they fail without honor while trying to cheat the system. To the... read more

Usury Savings Clauses May Not Save Your Loan Documents

Kenneth P. Weinberg, Jennifer L. Howard

Lessors and lenders engaged in equipment leasing and finance should remember that a usury savings clause is not a “get out of jail free card.” Historically, equipment lessors have been less concerned with usury issues than their straight-loan brethren. The... read more

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