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We found 931 results for "Equipment Leasing Newsletter"...

Collection: High-Income, Good Faith, and the Dismissal of Non-Consumer Bankruptcy Cases under Chapter 7
December 27, 2007
After the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, some confusion has arisen as to whether Congress' failure to specifically incorporate the Means Test into §707(a) prohibits courts from considering a debtor's income, ability to pay, and lavish lifestyle in non-consumer bankruptcy cases under the 'bad faith' standard or otherwise.
Venture Debt Update: Will the Recent Rise in Venture Lending Turn to Bust?
December 27, 2007
Although venture debt financing is in the midst of a strong rebound, there are signs that the recovery might not last. Some of the conditions that caused a swift decline in venture lending earlier in the decade have resurfaced, threatening the growth of this form of financing.
In the Marketplace
November 30, 2007
Highlights of the latest equipment leasing news from around the country.
Ways to Avoid Electronic Contract Killers in Second Life
November 30, 2007
The creators of Second Life &mdash; an online virtual community &mdash; faced some real-life problems in a Pennsylvania court recently. In <i>Bragg v. Linden Research, Inc.,</i> No. CIV.A06 4925 (E.D.P.A. May 30, 2007), Judge Eduardo C. Robreno, denying a motion to compel arbitration, offers attorneys and their clients some useful guidelines to consider when drafting standard electronic form contracts.
Equipment Leasing and CERCLA Liability
November 30, 2007
In this month's installment, we focus on some of the special issues facing equipment leasing as a result of the Supreme Court's decision in <i>United States v. Atlantic Research Corporation</i>. We recommend some steps in order to address the increased litigation and liability risks facing owners and lessors of equipment, risks that few have addressed.
Shari'ah Finance and the Equipment Leasing Industry
November 30, 2007
<i>Shari'ah</i> or Islamic-compliant financing is gaining a foothold in international finance transactions. This article provides an overview to equipment finance professionals as to certain opportunities that may exist within this market for both increasing customer base and obtaining sources of capital.
Perfecting Lease Payment Streams
October 30, 2007
This article reviews the <i>In re Commercial Money Center</i> case and its practical implications, provides an overview of some proposed amendments to the UCC with respect to such problems, and discusses suggestions of how to protect clients in the post-<i>CMC</i> environment.
Avoiding Contract Mistakes
October 30, 2007
The author shares his top 10 measures for avoiding contract mistakes.
Navigating the New Reality of Equipment Leasing and CERCLA Liability
October 30, 2007
This first installment of a two-part series explains the <i>Atlantic Research</i> decision and some of the basic steps a party to a commercial real estate transaction should take to help protect itself from unexpected CERCLA claims resulting from this decision.
In the Marketplace
September 27, 2007
Highlights of the latest equipment leasing news from around the country.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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