The Times, They Are A-Changin’: The 2022 Amendments to the UCC

At least half of the U.S. states have adopted the 2022 Amendments to Article 9 of the Uniform Commercial Code focusing primarily on digital assets, electronic money and chattel paper, among other facets. Kenneth Weinberg outlines the highlights, impact and nuances of these changes.... read more

Sept/Oct 2024

ELFA Provides Details About Legal Forum LIVE!

The Equipment Leasing and Finance Association revealed plans for ELFA Legal Forum LIVE!, an interactive virtual event that will be held on May 4 and May 5. read more

APR 6, 2021 - 2:44 pm

Dispatches From the Trenches

Ken Weinberg revisits his thoughts on the Uniform Commercial Code and finds new clarity for its provisions relating to equipment finance in light of a recent decision by the Appellate Court in In re I80 Equipment Leasing, LLC.... read more

Nov/Dec 2019

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

August 2019

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

Ken Weinberg takes a metaphorical trip around the country as he examines the ways cross-state transactions can be affected by each individual state’s laws and how companies can prepare themselves to address the subsequent issues in a lease. ... read more

January/February 2019

General UCC Filings: All Equipment Leased or Financed

Describing collateral in financing statements as "all equipment leased or financed" has become common in our industry. Ken Weinberg examines whether or not these descriptions sufficiently indicate the collateral covered.... read more

November/December 2018

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

Although maintaining insurance on equipment is usually a mandatory provision of financing agreements, the disclaimer language used on proof of insurance forms seems to render the certificates worthless. To help lenders protect their interests, Ken Weinberg discusses the different types of insurance certificate forms and specific items to monitor on each certificate.... read more

July/August 2018