Substance over Form in the Bankruptcy Courts
June 29, 2005
Under the Bankruptcy Code, whether a lease is a true lease or a disguised security agreement also has serious consequences. If a lease is a true lease, and the debtor in possession has need of the equipment or other leased property, the lessor is entitled to receive all the payments due under the contract. If a lease is not a true lease but is a disguised security agreement, the lender is only entitled to the lesser of what is owed and the property's value, which could be significantly less than the totality of the lease payments. The balance will be treated as a general unsecured claim. Further, the creditor will only be entitled to the value of the collateral if it perfected its lien. If it did not perfect, its entire claim will be treated as a general secured claim (which is why informational filings of UCC-1 forms are recommended in lease transactions). Even if it did perfect, payment could be delayed until a plan is confirmed and even then stretched out over the length of the plan as opposed to the terms required by the original contract. For these reasons, usually the debtor will argue that the lease is a disguised security agreement, and the creditor will argue that the lease is a true lease.
In The Marketplace
June 29, 2005
Highlights of the latest equipment leasing news from around the country.
Media & Communications Corner: <b>Who Are They Going to Call? Someone They Know</b>
June 28, 2005
When "sales" was still just a five-letter word in law firms, lawyers found some comfort in the basics of marketing. They could get the name of the firm "out there" without actually having to do much themselves. <br>In the last 5 years, though, firms have increasingly looked at activities such as media relations, seminars, brochures and Web development as low return activities. Business development, in contrast, seemingly offers a much higher return on investment by focusing the money on the prospects most likely to buy. As a logical extension, a number of firms have shifted their marketing budget largely to business development activities. And, even from the point of view of a strict marketer, this is not all bad.
Opportunity In Crisis
June 28, 2005
We often perceive a negative outcome in a legal case or a discredited witness in a trial to be a crisis, and we react principally to the danger attached to that concept. Our response at these times can make the crucial difference between success and failure. With every crisis, we must make a concerted effort to discover the opportunities inherent.
Book Review: Free Publicity
June 28, 2005
<i>Free Publicity</i> is a concise but substantial look into the mechanisms and motivations of the modern media. The book is full of short and succinct examples of how ordinary people and businesses have been successful using the press to promote their own agendas. As the title suggests, if you know how to work the system, you too can spread your message around the world without spending a cent.
How Not To Get 'Whacked' By Journalists
June 28, 2005
There are those in PR who are just plain annoying. I used to think ' during my live TV days at CNN ' What is their objective? Getting to speak to me, or pitching a story? I think for many, it was the former. If they didn't have their pitch down in 20 seconds, they lost me and got "whacked!" For many, I never returned calls. Nothing personal, I just didn't have time to return all of them; if I had, I would have missed my deadlines and been out of a job! <br>Here are some basic rules for how not to become a public relations flack that's whacked!
A Client Perspective On Law Firm Marketing and Sales
June 28, 2005
As the competition for premier legal work continues to stiffen, firms are increasingly forced to change the way they position, promote and sell themselves. Firm leaders and marketing professionals face a daily battle of convincing their professionals that the tactics of 15, 10, even 5 years ago may no longer be relevant. <br>Often, the most persuasive ammunition a marketing agent can possess is the opinion of a client ' someone who is a professional buyer of legal services.
Note from the Editor
June 28, 2005
Before I talk about this month's issue I wanted to take this opportunity to remind everyone that there will be a special July/August issue of Marketing…
Best Practices of Cross Marketing and Selling New Services To Clients
June 28, 2005
Cross selling is an elusive goal for law firms. The idea is simple: To interest clients that are using one practice area in using a second or third area. But the devil is in the details, and most cross-selling plans fail as soon as they meet one of several common objections. <br>As a result, to paraphrase Mark Twain, everyone talks about cross selling, but nobody is doing anything about it.
