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Leases (Fall 2023)

CASE LAW DEVELOPMENTS - This survey covers several 2022 cases involving disputes among parties to equipment leases or other personal property financings and cases involving third parties claiming to have related rights or...more

Predominant Purpose: What’s That?

THE 2022 AMENDMENTS TO THE UNIFORM COMMERCIAL CODE (THE “2022 AMENDMENTS”) constitute a sweeping expansion and revision of the UCC. Among other things, the new rules greatly facilitate financing of chattel paper leases and...more

Leases - November 2022

CASE LAW DEVELOPMENTS - This survey covers several 2021 cases involving disputes among parties to equipment leases or other personal property financings and cases involving third parties claiming to have related rights or...more

Bankruptcy Remoteness: A Summary Analysis

The Committee on Securitization and Structured Finance of the Business Law Section of the American Bar Association has prepared this whitepaper to provide a summary analysis of certain fundamental legal concepts underlying...more

Moon Shot! Factors to Consider When Structuring a True Sale

Whether in sales, syndications or securitization of equipment leases and loans, it is important—and often essential—that the assets be transferred from the seller to the buyer in a so-called “true sale.” That colloquialism is...more

Leases

Case Law Developments - This survey covers several 2020 cases involving disputes among parties to equipment leases or other personal property financings, or involving third parties claiming to have related rights or...more

Double Trouble: New York and California Threaten Many Business Practices

Many equipment finance companies work with third-party sales organizations or originators. But what happens if one of those third parties is accused of fraud? Stephen Whelan examines two cases that may cause equipment finance...more

Leases - October 2018

Case Law Developments This survey covers several 2017 cases involving parties to equipment financing transactions or with third parties, disputing aspects of the transaction or the related equipment. The courts in these...more

Fair Finance: Boiled by Boilerplate

It used to be so easy. The borrower and lender would enter into a loan and security agreement, fund the loan and perfect the security interest in the collateral. A year or two later the borrower might want an additional...more

Leases

CASE LAW DEVELOPMENTS - This survey covers a number of cases decided in 2016 involving disputes between parties to equipment financing transactions or with third parties regarding the transactions or the related equipment....more

Don’t Be an April Fool: How to Avoid the Hague Hangover

In the latest variation on “April Fool,” the Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary will become effective in the U.S. on April 1, 2017. In one of its...more

Leases

TRUE LEASE V. DISGUISED SECURITY INTEREST - The characterization of a transaction as either a true “lease” or a secured transaction is likely to impact the putative lessor’s rights and remedies both with respect to the...more

Equipment Finance Industry Dodges a Bullet in Important Legal Ruling

This summer, the equipment finance industry dodged a bullet in an important Minnesota Supreme Court ruling. The Court ruled that a financier of a lease could bring a breach of contract action against an equipment vendor and...more

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