Chapter 11 Plans of Reorganization and Equipment Lessors
December 31, 2015
Filing Chapter 11 is a very expensive proposition these days. The filing fees, coupled with the astronomical attorneys' and special litigation counsels' fees, plus the accountants' fees, are just a few of the expenses for a debtor-in-possession ("DIP"). So what does this mean for us as equipment lessors?
New FASB/IASB Lease Accounting Rules to Be Issued Soon
December 31, 2015
The IASB and the FASB have completed decision-making meetings and the respective staffs are drafting the final rules, which will be signed and issued this month. The IASB and FASB will issue separate rules as they have chosen two different models for lessee accounting. They both have adopted the same lessor model with a few minor differences.
<b><i>In Re Revel AC, Inc.:</i></b> The Third Circuit's Roadmap Around Equitable Mootness
December 31, 2015
Recently, in <I>In re Revel AC, Inc.</I>, the Third Circuit provided guidance on "how to conduct a balancing of the stay factors." While the court's analysis in <I>Revel</I> was not a shocking revelation, it provides significant guidance on the most effective way to avoid losing appeal rights to the hard-to-pin-down doctrine of equitable mootness.
Leasing and Finance Industry Economic Outlook
December 31, 2015
The Equipment Leasing & Finance Foundation's 2016 Equipment Leasing & Finance U.S. Economic Outlook reports that investment in equipment and software is expected to grow by a modest 4.4% in 2016.
The Voluntary Payment Doctrine Strikes Again
December 31, 2015
The voluntary payment doctrine, which supposedly bars a party from recovering payments made erroneously but voluntarily, has reared its head once again in the real estate context, this time in <I>Drmak Realty, LLC v. Progressive Credit Union.</I>
Anonymous LLC Ownership
December 31, 2015
Recently, local, national and international governmental entities, as well as non-profit watchdog organizations, are increasingly focused on greater real estate ownership transparency, primarily to address concerns regarding the circumvention of anti-money laundering and counter-terrorism financing measures.
Rising Rents Push Techs to Key Markets
December 31, 2015
For years, technology firms and startups flocked to Northern California, but according to Jones Lang LaSalle's (JLL's) 2015 U.S. Technology Office Outlook, these companies have started to plant roots in markets across the nation.
Restaurant Leasing
November 30, 2015
This article highlights a variety of lease provisions that are particularly germane to restaurant tenants.
Drafting a DST Master Lease
November 30, 2015
In a follow-up to their article published in the May Issue, the authors discuss some considerations for drafting master leases for DSTs utilized in like-kind exchanges.
Construction Chargebacks: The Hidden Costs
November 30, 2015
Virtually every retail lease contains what is commonly referred to as the "Construction Exhibit." This article addresses the manner in which retail leases attempt to assess construction chargebacks, and discusses how a tenant should address them in its comments to the landlord's draft of a retail lease.
