Equipment Leasing & Asset Based Lending

Chiesa Shahinian & Giantomasi PC’s equipment leasing and asset based lending practice has extensive experience in structuring, documenting and enforcing secured transactions and equipment leases. This group is familiar with all aspects of commercial lending and leasing, including Articles 2A, 3 and 9 of the Uniform Commercial Code and the relevant portions of the United States Bankruptcy Code. We represent national, international and captive equipment leasing companies, commercial banks and alternative lending financial institutions. We advise commercial lenders and equipment lessors from the transactional stage through the workout, litigation, repossession, bankruptcy and foreclosure stages, as well as on purchases and sales of transactions and portfolios, including the following:

Commercial Loan and Lease Transactions

Drafting commercial loan and lease documents for secured transactions and equipment leasing, as well as for the brokering, discounting and syndication of same. Structuring and drafting of transactions for the purchase and sale of one-off secured transactions and equipment leases and full portfolios of same.

Creditors’ Rights in State and Federal Courts

Various aspects of equipment leasing and asset based lending enforcement, including obtaining temporary and permanent restraints, replevins, writs of attachment, restructures and other prejudgment remedies, as well as all aspects of discovery, motion practice, trials and post-judgment enforcement and appellate issues.

Creditors’ Rights in Bankruptcy

Various aspects of equipment leasing and asset based lending enforcement in bankruptcy court, including motions for the use of cash collateral, relief from the automatic stay, to compel assumption or rejection as well as issues relating to §363 sales, Disclosures Statements, Plans of Reorganization, all aspects of preference and fraudulent transfer avoidance actions, and adversary proceedings for nondischarge and nondischargeability.

Commercial Mortgage Foreclosures

Commercial mortgage foreclosure matters including obtaining pre-judgment remedies such as appointments of receivers and access orders, as well as taking a case from commencement of an action through judgment and sale of the property and pursuing any deficiency actions.

Experienced Publishing and Positions in the Industry

The equipment leasing and asset based lending group is actively involved in the Equipment Leasing and Finance Association (“ELFA”) and the National Equipment and Finance Association (“NEFA”), including serving on the Legal and Credit and Collection Committees of ELFA and having served on the Board of Directors and Legal Committee of NEFA, speaking extensively at ELFA and NEFA conferences, serving as an editor of the Equipment Leasing Newsletter, and publishing a leading industry treatise with Lexis/Nexis entitled Workouts and Enforcement for the Secured Creditor and Equipment Lessor, 2015.