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Equipment Rentals in Bankruptcy: Allocation Issues Arising from Post-Petition Payments
Courts frequently wrestle with how to apply post-petition payments for rental proceeds deriving from lenders' pre-petition collateral. The issue arises principally in single asset real estate cases, because generally post-petition proceeds of the debtor are the rents attributable to the lender's collateral.
The issue is not solely the province of single asset real estate cases, however. In many equipment financing situations, such as the financing of aircraft for chartering and inventory for equipment rental companies in which equipment is then subleased to third parties etc., the equipment lender takes a security interest in the third-party rental proceeds in addition to the equipment itself. If the customer files for bankruptcy protection, how bankruptcy courts deal with third-party rental proceeds can significantly impact the total dollar amount realized on the equipment lender's claim.
Based on developing case law coming out of single asset real estate cases, a rationale is emerging that allows the application of the pre-confirmation rental proceeds to the unsecured portion of the lender's claim. This treatment has the effect of reducing the unsecured portion of the lender's claim on a dollar-for-dollar basis and allows the lender to receive what is essentially a distribution on its unsecured claim ahead of other unsecured creditors. This article explores some of the issues surrounding post-petition rental proceeds and the ways courts have applied those payments to lenders' claims and suggests ways of using the intellectual framework established by those cases to argue for similar application in the context of an equipment lender's security interest in third-party rental proceeds.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.