IN THE MARKETPLACE
September 10, 2003
Highlights of the latest equipment leasing news and cases from around the country.
Kmart Bankruptcy: Lessons for Lessors and Secured Parties
September 10, 2003
One of the most fundamental and critical principles that enables the equipment leasing industry to function on a day-to-day basis is commercial certainty ' certainty in expectations regarding financing; certainty in the meaning of documentation; and reliance on the certainty of the application of legal principles that will be brought to bear in the event of a lease default or bankruptcy.
IN THE MARKETPLACE
September 02, 2003
Highlights of the latest equipment leasing news from around the country.
American Indians and Lease Transactions
September 02, 2003
There are more than 500 nationally recognized Indian tribes in the United States, and as a general rule, state civil laws do not apply to transactions in which they are involved (whether on reservations or not).
Post-Petition Rent Obligations: Use and Occupancy v. Due Date
September 02, 2003
Confused about when a real property landlord or equipment lessor can commence charging post-petition rental payments? Does a debtor's obligation under Section 365(d)(3) of the Bankruptcy Code, (hereinafter, the 'Code') to timely perform all obligations arising after the order for relief (or under Section 365(d)(10), 60 days after the order of relief), mean those obligations that 'arise' by virtue of actual post-petition use of the property as opposed to obligations that arise by virtue of the 'due date' of the rental payment by contract or invoice?
Development
September 02, 2003
Recent rulings of importance to your practice.
News Briefs
September 01, 2003
Highlights of the latest franchising news from around the country.
A Practical Guide to Software Leasing
September 01, 2003
Although the demand for software financing and leasing continues to grow at a tremendous rate, software financing and leasing remains one of the most challenging and least understood areas of leasing. The focus of this article is on the financing and leasing of 100% software, although there is some discussion of mixed leases of equipment and software. The goal is to provide lessors with a practical guide to the issues arising in a typical software financing or leasing transaction. The emphasis is on direct leases between a lessor and a lessee, as opposed to a vendor finance arrangement where the software licensor is also a party.
Plan Ahead: Third Circuit Denies Tax Exemption for Asset Sales Made Before Chapter 11 Plan
September 01, 2003
It has been often said that Chapter 11 of the Bankruptcy Code can be summarized as the "Three Rs," precisely "reorganize, restructure, and rehabilitate." In practicality, this includes steps such as "reducing headcount," (firing people, without the euphemism), streamlining operations, reordering debt, and so on. One of the most critical components of such lifesaving steps is the divestiture of assets, in plain English, selling off assets that are either unprofitable and unwanted burdens or those items that can fetch high prices that can add quickly to the cash reserves of a troubled company.