LEAN ENFORCEMENT ANALYSIS & NEWS
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.
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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.
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Happy New Year from LEAN By: staff
Building the Network in 2013
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.
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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.
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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.
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LEAN Strategy Session Charts the Course By: Staff
Improving organizational infrastructure, balancing individual and collective interests, and promoting a wider professional network were the three lead priorities emerging from an April 28 strategy session hosted in Austin, Texas by the Lease Enforcement Attorney Network (LEAN).
The session, the first strategic planning exercise LEAN had undertaken since its formation in 1999, drew 17 participants from across the United States.
“This was an opportunity for us to chart the course of the organization and do it in a way that was created by consensus among the members,” said LEAN founder Bob Bernstein of Bernstein Law Firm. With a nation-wide network of 35 firms, “we’ve finally reached a critical mass where we have a sufficiently broad spectrum of members that we ought to be finding out more about where those members think we should be headed.”
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Peretore Joins LEAN By: Staff
The newest member of the Lease Enforcement Attorney Network (LEAN) is Frank Peretore, founding partner of the commercial law firm Peretore & Peretore, P.C. of Sparta, NJ.
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Bernstein Law Firm Announces Change of Firm Name By: Bob Bernstein
PITTSBURGH - Bernstein Law Firm, P.C., has now changed its name to Bernstein-Burkley, P.C.
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Cohn & Dussi Opening Office in Cape Cod By: Lewis J. Cohn
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New Requirements for Proofs of Claim in Bankruptcy By: David H. Leigh
Generally speaking, and with limited exceptions, a creditor wishing to receive a distribution in a bankruptcy case must timely file a proof of claim in that case. A proof of claim is a written statement that sets forth and documents the basis for and the amount of a creditor’s claim. A creditor’s proof of claim must conform substantially to Official Form B10 of the Federal Rules of Bankruptcy Procedure.
Recently, the Judicial Conference recommended changes to the Federal Rules of Bankruptcy Procedure pertaining to proofs of claims. The changes are designed, in part, to try and prevent creditors from filing undocumented, poorly documented, or inaccurate proofs of claim by requiring creditors to provide additional information with their proofs of claim. The proposed changes have been approved by the United States Supreme Court and became effective December 1, 2011.
Among those amendments, Federal Rule of Bankruptcy Procedure 3001, which has always required that a creditor produce a writing to support its claim, now requires that a ...
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