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: 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

June 2019

Tipping the Scales: The Great Escape

Almost everyone procrastinates a little, but it’s the last thing you want to do when filing a continuation of a UCC financing statement. Steve Whelan examines how a failure to file came back to haunt the LNV Corporation when one of its borrowers declared bankruptcy.... read more

March/April 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

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

Lenders often tack a standard default interest rate provision on loan documents, but recent bankruptcy cases have demonstrated the dangers of this practice. Andrew Alper examines the Altadena Lincoln Crossing case and encourages lenders to have a conversation with borrowers about the default rate and the reasons behind it before both parties sign on the dotted line.... read more

September/October 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