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
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
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
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
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
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
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
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
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
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
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
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
10/6/2015
/ Banking Sector ,
Commercial Bankruptcy ,
Commercial Leases ,
Creditors ,
Farms ,
Heavy Equipment ,
Lease Termination ,
Leases ,
Lessee ,
Liquidated Damages ,
Livestock Protocol ,
UCC Financing Statements ,
UCC Termination Statement ,
Uniform Commercial Code (UCC) ,
Vicarious Liability
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