• Railcar Leasing on the Rise

    June 02, 2017 |

    According to a recent analyst report from global market research company, Technavio, the railcar leasing market in North America, is predicted to grow steadily at a Compound Annual Growth Rate of above 9% by 2021. The report, titled Railcar Leasing Market In North America 2017-2021, finds that one o

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

    May 02, 2017 |

    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 o

  • Industry Growth Forecast for 2017

    May 02, 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 Ou

  • Structured Dismissals in Deviation of the Bankruptcy Code Priority Scheme

    May 02, 2017 |

    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 th

  • Beware: Inspecting Goods May Waive Implied Warranty Protections

    May 02, 2017 |

    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) b

  • Professional Fees May Not Be Capped by Standard Carve-Out Provisions

    April 02, 2017 |

    Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.

  • High Expectations for Commercial Construction Activity

    April 02, 2017 |

    Construction industry executives are particularly optimistic regarding the prospects of local, nonresidential construction activity this year, according to a recent Wells Fargo Equipment Finance survey of industry contractors and equipment distributors.

  • In the Marketplace

    April 02, 2017 |

    Debra P. Goldberg has joined the law firm of Cullen and Dykman LLP as a partner in the firm's Banking Practice Group. Practicing from the firm's Garden…