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Secured Creditors' Credit Bid Rights Under Cramdown Plan
On June 28, 2011, in a decision of great significance to secured creditors, the U.S. Court of Appeals for the Seventh Circuit held that secured creditors have a statutory right to credit bid their debt at an asset sale conducted under a so-called "cramdown" plan. This decision is directly at odds with recent decisions in the Third and Fifth Circuits regarding a secured creditor's right to credit bid under a plan.
A Lessor's Guide to Workouts
Last month's installment of this article discussed preliminary issues to address in workouts and key provisions to include in workout agreements. This second installment discusses addressing potential future bankruptcy issues.
Thinking Small: Creating a Small-Ticket Leasing Company
This article discusses both the creation of small-ticket leasing companies by existing leasing businesses and what is needed for startup operations.
November issue in PDF format
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In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Lending to an LLC? Think Twice and Draft Carefully
As it stands right now, under Delaware law, present creditors of insolvent LLCs have one less avenue to be made whole.
A Lessor's Guide to Workouts
Every workout should be structured to anticipate a future default and enhance procedural, substantive, and collateral positions. This first installment of a two-part article discusses preliminary issues to address in workouts and key provisions to include in the workout agreement.
'Bad Boy' Guaranties: Does the Punishment Fit the Crime?
While the "bad boy" guaranty has the practical effect of reducing the number of bankruptcy filings, this inability to file troubled companies for bankruptcy may prevent the efficient restructuring of distressed debt. Whether this is a positive development for either lenders or debtors remains to be seen.
After a Lease Is Signed: Avoid These Eight Common Mistakes
Those attorneys who fail to realize that a lease can have a profound impact on a business owner's day-to-day operations may be in for a rude awakening. This article discusses eight common mistakes tenants can make after they execute a lease.
October issue in PDF format
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  • 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.
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  • Conducting Discovery in Japan
    Conducting discovery in Japan is not easy and litigants should not expect to obtain nearly the same quantity or quality of information from Japan. However, if you know the available discovery devices and the special procedures to take advantage of those devices, discovery may not be lost.
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  • Major Differences In UK, U.S. Copyright Laws
    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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