New Market Coverage for LEAN!
By: Staff
LEAN is proud to announce that Weinstock, Friedman & Friedman, P.A. is now providing coverage for the DC and Northern Virginia markets out of their new offices in those locations. Weinstock is rated AV by Martindale-Hubbell, which is Martindale’s highest law firm rating. They are a full service law firm, representing leasing companies and financial institutions in commercial collection, lease enforcement, bankruptcy, general litigation and business law.
The New National Chapter 13 Laws
By: Bari Gambacorta Stark & Stark P.C., Lawrenceville NJ
Part 1 of 3
In this 3-part series, Bari Gambacorta provides an engaging look at the new Chapter 13 legislation set for implementation in December 2014. According to Bari, “the bankruptcy court is still seeking comments on the proposed rules up through February 2014. In my opinion, however, the required adjustments will be very difficult to implement if our clients wait until next fall. It’s better to get out front of this one.”
In this first installment, Bari provides a general overview of what the bankruptcy court is attempting to achieve and the likely impact on our client base.
LEAN Attorney Harry W. Greenfield of Buckley King named to Chambers USA
By: Staff
CLEVELAND, OH (June 21, 2013) – The law firm of Buckley King is pleased to announce that Harry W. Greenfield has been recognized for his excellence in Bankruptcy/Restructuring law by Chambers USA in the 2013 edition of Chambers USA: America’s Leading Lawyers for Business.
Chambers USA noted that Greenfield “garners substantial market acclaim as an experienced professional, and is described as ‘incredibly knowledgeable about bankruptcy law and strategy.’” Chambers further noted that clients commented on Greenfield, “as an attorney he has that rare trait: he understands business.”
The Tale of The Arbitration Clause Snare
By: Allyson Cofran and Bari Gambacorta, Stark & Stark P.C., Lawrenceville NJ
Is there an arbitration clause lurking deep within your leasing litigation? Perhaps not. But it’s best not to surprise your client. These clauses can be hard to detect, challenging to eliminate and they may resurface with a vengeance at the most inopportune moment.
A recent New Jersey appellate case entitled Suzanne’s Specialties, Inc. versus American Sugar Refining, Inc. decided April 10, 2013 tells the chilling tale.
New LEAN Firms
By: Staff
Please join us in extending a warm welcome to our newest LEAN member firms:
Padfield & Stout, LLP, Ft. Worth, TX. Please contact Mark W. Stout at (817)338-1616 or ms@livepad.com.
Smith Debnam Narron Drake Saintsing & Myers, Raleigh, NC. Please contact John M. Sperati at (919)250-2122 or jsperati@smithdebnamlaw.com
Michael J. Witt Law Offices, West Des Moines, IA. Please contact Michael Witt at (515) 868-1067 or witt-law@live.com.
Happy New Year from LEAN
With new members, new content, and an expanded webinar series taking shape, LEAN is looking to 2013 as the year to build an extended network of professional excellence across the U.S.
Peer Oversight in the Equipment Leasing Profession
By: Irwin M. Wittlin, Patricia T. Reid and Jennifer D. Gould
At the National Equipment Finance Association (NEFA) Funding Symposium September 15, participants in a breakout session titled Policing Your Peers discussed the risk of significant penalties or class action lawsuits if lessors lose focus on the laws in all the states where they do business.
Seizure of Leased Trucks by Lessee’s Unsecured Creditor – When the Lease is Unregistered, Who has the Priority?
By: Benjamin David Gross and Étienne Brassard with the collaboration of Étienne Guertin
In the case of 9089-3777 Quebec Inc. v. Walter,1 an unsecured creditor claimed the right to seize before judgment certain leased vehicles in the possession of its debtor on the basis that the lessor had not registered the leases of the said vehicles (which were for terms of more than one year) in the Register of Personal and Movable Real Rights (“RPMRR”). Article 1852 of the Civil Code of Quebec (“C.C.Q.”) provides that if such a lease is not registered, the rights resulting from the lease are not enforceable against third parties.
In a unanimous judgment rendered on January 11, 2012, the Court of Appeal upheld the right of a long-term lessor of movable property to enforce its right of ownership against a third party creditor having seized the property, despite the lessor’s failure to register the lease, on the basis that the third party creditor does not acquire any “interest” in the leased property through the exercise of a seizure before judgment.
