The Troubled Energy and Production (Oil and Gas) Sector
The oil and gas exploration sector in North America has been crushed by high debt, globally low oil prices and regional overcapacity. The result: Over 100 oil and gas exploration and production companies have filed for bankruptcy over the past 18 months, and dozens more are expected to follow.
Cross-Border Leasing
Court-appointed receivers typically assume control over all of a debtor's property, including the debtor's leased equipment. The receivership order will also typically grant the receiver a priority charge over the debtor's assets in order to secure the receivers' fees and other costs. This is sometimes a point of contention with equipment financiers who would rather have their equipment excluded from the receivership.
Marital Assets
When was the last time your client presented a marital asset of equity in an operating company that also held real estate? There is some risk that an unsophisticated appraiser or accountant may have undervalued or overvalued the equity, to your potential detriment in representing your client.
Challenges in Solar Equipment Finance
This article is the second in a two-part series exploring state law limitations on various methods of financing solar equipment. It explores the laws in various states related to solar leases and the differences between solar leases and PPAs, as well as the implications of such laws on the financing industry and its customers.
The Myth of the Newspaper Notice
Maybe you represent a secured lender. Perhaps you represent a Chapter 11 debtor selling its assets under ' 363, or maybe you are a federal equity receiver, an assignee for the benefit of creditors, or maybe a state court receiver who is selling a company's assets pursuant to state law. Where do you post the information?
Challenges in Solar Equipment Finance
Growth in solar-generation capacity has not been evenly distributed across the country, as some states' policies and laws are solar-friendly, while those in other states pose barriers. One such barrier in many states is the lack of access to financing.
Downgraded: Industry Growth Forecast For 2016
The Equipment Leasing & Finance Foundation has released its Q3 update to the 2016 Equipment Leasing & Finance U.S. Economic Outlook, reducing the year's growth expectations to just 0.9%.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Companies Slow to Respond to New Accounting Standards
A recent survey by audit, tax and advisory firm KPMG LLP indicates that nearly 80% of public companies have not completed an assessment of the impacts of the new revenue recognition standard issued by the Financial Accounting Standards Board (FASB).
