IN THE MARKETPLACE
August 26, 2003
Highlights of the latest equipment leasing news from around the country.
Fraud Claim Released in Settlement Agreement Preserved in Bankruptcy Proceedings
August 26, 2003
Suppose that a lessor has a legitimate fraud claim against its lessee. Also suppose that in an effort to save the costs of litigation, this lessor agrees to settle the matter. The lessee executes a promissory note in favor of the lessor in exchange for a release. Now assume that the lessee not only defaults on its obligation under the promissory note, but also files for bankruptcy. As counsel for the lessor you feel safe assuming that the underlying fraud claim is nondischargeable under Section 523(a)(2)(A) of the Bankruptcy Code, and therefore the lessor's position is fairly strong. Well, in the jurisdiction of the Fourth and Seventh Circuits this assumption was incorrect before a recent ruling by the U.S. Supreme Court finally resolved this issue.
Lessors and Bankruptcy
August 26, 2003
Obtaining the authority to make Critical Vendor payments is becoming more 'critical' than ever in the early stages of a bankruptcy case. Bankruptcy proceedings are supposed to be fair and reasonably predictable. However, the fair and predictable system of who gets what and in what order is becoming a lot less clear due to recent high-profile cases involving Critical Vendor payments.
A Lease, or Not a Lease: That Is the Question
August 26, 2003
At its May 15, 2003 meeting, the Emerging Issues Task Force (EITF) of the Financial Accounting Standards Board (FASB) came to a consensus on Issue No. 01-8, 'When an Arrangement Contains a Lease,' ending almost two years of deliberations on the issue. As the name implies, the purpose of Issue 01-8 is to provide guidance to accountants to assist them in identifying when an arrangement, including one containing multiple elements, is a lease. Determining when an arrangement is (or includes) a lease can be a difficult and judgmental process. Although the guidance in Issue 01-8 will prove helpful to accountants in determining whether a certain population of transactions contains a lease, it will not remove the difficulty or judgment involved in determining whether a lease exists for a large number of structured transactions.
THE LEASING HOTLINE
August 18, 2003
Highlights of the latest commercial leasing cases from around the country.
THE LEASING HOTLINE
August 18, 2003
Highlights of the latest commercial leasing cases from around the country.
Leasing Industry Remains Optimistic Despite New Business Contraction in 2002
August 01, 2003
The Equipment Leasing Association has released its 2002 Survey of Industry Activity (SIA) report results, which reveal that the $208 billion equipment leasing industry followed the trend line of most industries in the challenging 2002 economic times. Respondents to the latest ELA survey experienced a year-over-year contraction, as respondents reported more than $117.2 billion in new business volume in 2002. Overall new business volume was reported as $114.6 billion in 2001; however, survey participants providing both 2001 and 2002 new business volume showed a 4.6% decrease year over year.
In The Marketplace
August 01, 2003
Highlights of the latest equipment leasing news from around the country.
Selected Issues in Domestic Tax-Exempt Leasing Transactions
August 01, 2003
Lease investors have been participating in cross-border transactions for a wide variety of municipal facilities for several years. Assets have included water and sewer systems, electric and gas distribution systems, rail rolling stock and infrastructure, and convention centers. Investors have also been participating in transactions involving U.S. state and local government entities for several years. However, the preponderance of the U.S. transactions closed to date have involved rolling stock or transit facilities.
A Tale of Two Cases: Mobile Goods Require Uniformity of State Statutes
August 01, 2003
Nationwide uniformity of commercial laws has always been a fundamental goal of the drafters of Article 9 of the Uniform Commercial Code. One area, though, that has continually eluded standardization is perfection of liens on mobile goods. Financiers of mobile goods, including vehicles, vessels, trailer homes and modular offices, must grapple with arcane certificate of title statutes that vary widely from state to state. Other state statutes that regulate title and lien interests in mobile goods can become a trap for the unwary. The nature of mobile goods makes uniformity among state statutes a compelling issue for financiers.
