• Update: The China Equipment Leasing Market

    October 02, 2017 |

    Reaching an Inflection Point

    As the Chinese government tightly regulates leasing, it is problematic that the industry has never been able to develop a unified position on important licensing, tax, capitalization, regulatory and other requirements. This needs to change if the industry is to continue to expand, particularly among small and medium enterprises.

  • The Art of Filing a Proof of Claim in a Bankruptcy Case

    October 02, 2017 |

    Rule Changes You Should Understand

    This article focuses on the strategies that an equipment financier may explore when it needs to file a proof of claim in a bankruptcy case to preserve its rights. It also describes a debtor's right to object to a creditor's claim.

  • The Food Safety Modernization Act

    September 02, 2017 |

    Comprising the largest rewrite of U.S. food safety regulations in more than 70 years, the Food Safety Modernization Act (FSMA), which was signed into law on Jan. 4, 2011, has broad implications for almost all constituents involved in the food and feed industry. But FSMA's effect on equipment lessors and other secured lenders requires some consideration and analysis.

  • Financing and Leasing Technology Is a Strategic Advantage

    September 02, 2017 |

    Law firms may want to leverage a specific law firm management technology to gain a competitive advantage in the marketplace, but might not want to purchase those tools outright. How are you equipping your firm to succeed both in the present day and into the future?

  • Cybersecurity Regulation of Financial Services Firms

    September 02, 2017 |

    Financial services firms and their management should keep a close eye on developing cybersecurity regulations, so as to be better prepared to proactively address the shifting regulatory landscape as it continues to evolve.

  • Higher Industry Growth Forecast for 2017

    August 02, 2017 |

    The Equipment Leasing & Finance Foundation has released its Q3 update to the 2017 Equipment Leasing & Finance U.S. Economic Outlook, which increased its yearly equipment and software investment forecast to 3.6%, up from 2.8% growth forecast in its 2017 Annual Outlook released in April.

  • Serving Two Masters: When 'Bankruptcy-Remote' Meets Public Policy

    August 02, 2017 |

    Structured financing transactions make extensive use of entities formed for the specific purpose of reducing the likelihood that assets will be involved in a potential bankruptcy proceeding. Known as "bankruptcy-remote entities," or "BREs," these entities are subject to structures and covenants in financing documents and their own formation documents, which are designed to reduce the likelihood that the BRE will file for bankruptcy protection.

  • Court Holds That Deposits Would Be Hypothetical

    August 02, 2017 |

    In a recent ruling, the Ninth Circuit held that bankruptcy courts may permissibly engage in "hypotheticals within hypotheticals" so long as the inquiry is factually warranted and is supported by appropriate evidence, and provided further that the hypothetical action would not contravene any other provision of the Bankruptcy Code.

  • POCs and the FDCPA: A License to File

    July 02, 2017 |

    Buyers and servicers of “stale,” or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy — seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy — violates the Fair Debt Collections Practices Act (FDCPA).