Post-Petition Enforcement
May 30, 2006
Generally speaking, after a bankruptcy filing, executory contracts are not enforceable against a debtor that has not yet assumed the contract. <i>N.L.R.B. v. Bildisco and Bildisco</i>, 465 U.S. 513, 531 (1984). However, the reverse is not true. During the pre-assumption period, the non-debtor party to the contract is presumed to be obligated to perform in accordance with a contract.
Dismantling the 'Great Wall' of Risk
May 30, 2006
A growing number of lessors exhibiting cautious optimism are slowly, but successfully, knocking down the 'great wall' that separates them from turning lease financing into a mainstream financial product in China. Investing in the Chinese leasing market can be a sound decision for lessors whose customers are asking for leases there; who can effectively manage the risks; and who are equipped to deal with major differences between the United States and China, which include language, culture, and the number and nature of business regulations.
What Do You Want To Read?
May 26, 2006
We want to know how we can make this newsletter an even better resource for your professional needs. Are we covering all you want to see? Are there sections you would like to see enhanced or replaced?<br>Your views and opinions are essential in our effort to continue to provide you with the top notch News, Strategy and Analysis you have come to expect from Law Journal Newsletters.<br>Help us help you! Please click <a href="http://www.surveymonkey.com/s.asp?u=604771980045">here</a> to complete a short survey or type the following URL into your browser: http://www.surveymonkey.com/s.asp?u=604771980045.<br>Your answers will assist us in making this an even better newsletter for you! Thank you.<br>Regards,<br>Colin Graf<br>LJN Marketing Director
In the Marketplace
April 28, 2006
Highlights of the latest equipment leasing news from around the country.
Lease of Aging Planes Leading to Lawsuits
April 28, 2006
A growing number of lawsuits are alleging that aviation companies are dumping old and unsafe airplanes on Third World countries. Some of the suits charge the companies with leasing planes to startup airlines that lack proper training to operate them safely. In Chicago, a lawsuit is set to go to trial against an Illinois aviation company alleging that it knowingly leased an old and defective plane to a company in the Philippines, where the 22-year-old plane crashed in 2000, killing 131 people.
Libeling Lawnmowers
April 28, 2006
Is it possible to defame an inanimate object such as a plane, or a house, or a painting? Surprisingly, the answer to this question is 'yes.' This sort of claim, which is generically captured by the designation 'commercial disparagement,' has, on occasion, been pursued successfully at trial involving 'hard' assets and can even be employed when the damages are more prospective than actual. The tort falls generally within the penumbra of libel and slander-related claims, but has been overshadowed by the more commonly recognized types of claims asserted against individuals or corporate entities rather than tangible objects. Commercial disparagement claims, when understood, are a useful line of defense to an asset owner ' as well as a hazard for those unaware of the claim's contours.
Dismantling the 'Great Wall' of Risk
April 28, 2006
<b><i>Part Two of a Two-Part Series.</i></b> This two-part article (based on a 2005 white paper issued by ELA's Equipment Leasing Foundation, 'Knocking Down (Great) Walls') looks at the key legal and regulatory issues surrounding investing in the Chinese leasing market. Last month's installment provided a market history and analysis of the current legal and regulatory climate. This month's conclusion examines the experiences of lessors currently operating in China.
In the Marketplace
March 29, 2006
Highlights of the latest equipment leasing news from around the country.
Legislative Update
March 29, 2006
At its Feb. 15, 2006 Board Meeting, the Financial Accounting Standards Board affirmed decisions on the remaining issues concerning the proposed FASB Staff Position FAS 13-a, 'Accounting for a Change or Projected Change in the Timing of Cash Flows Relating to Income Taxes Generated by a Leveraged Lease.' These issues had been discussed at the Board's Feb. 8 educational meeting.
