• Features

    Sixth Circuit Trims Bank's Good-Faith Defense to Fraudulent Transfer Claims

    Michael L. Cook

    Part One of a Two-Part Article

    The issue of what constitutes a good-faith defense to a fraudulent transfer claim is a murky question that has produced a wide variety of reported decisions from appellate courts over the years. But a recent Sixth Circuit opinion sheds some clear light on a complicated fact pattern.

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  • Features

    Beware: Inspecting Goods May Waive Implied Warranty Protections

    Louis DePaul and Allison Ebeck

    When purchasing goods though an invoice, contract or otherwise, it is important to understand that a mere inspection of goods prior to purchase could waive implied warranty protections. A seller may effectively modify, or entirely exclude, implied warranties under the Uniform Commercial Code (UCC) by requiring a buyer to inspect, test or examine goods prior to purchase.

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  • Features

    Structured Dismissals in Deviation of the Bankruptcy Code Priority Scheme

    Rudolph J. Di Massa Jr. and Drew S. McGehrin

    In a recent decision, the U.S. Supreme Court held that, without the consent of impaired creditors, a bankruptcy court cannot approve a "structured dismissal" that provides for distributions deviating from the ordinary priority scheme of the Bankruptcy Code. The ruling carries with it implications that may affect both pending and future bankruptcy proceedings.

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  • Features

    Industry Growth Forecast for 2017

    Slight Downgrade The Equipment Leasing & Finance Foundation has released its Q2 update to the 2017 Equipment Leasing & Finance U.S. Economic Outlook, which lowered slightly its yearly equipment and software investment forecast to 2.8%, down from 3% growth forecast in its 2017 Annual Outlook released in December 2016.

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  • Columns & Departments

    In the Marketplace

    Who's doing what; who's going where.

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