Retail Relief: Amend the UCC to End the Filing Requirement to Perfect Consignment Interests

Placing goods on consignment is a common occurrence in retail, but to perfect those goods, consignors are required to file with the UCC and give notice to other secured parties. Many consignors fail to follow this procedure and end up as unsecured creditors if the retailer files for Chapter 11. Stephen Selbst argues it is time to change the law.

Purchasing Personal Injury Settlements: Due Diligence Steps to Protect Factors

When personal injury settlement recipients prefer a lump sum over payments, they often approach factors. Scott Topolski cautions factors to protect themselves from clients who may sign agreements with multiple companies.

Interested in a Better Mousetrap? Arbitration: It’s About Time!

Jeffrey Wurst observes federal judges currently spend most of their time handling criminal and discrimination cases rather than commercial finance. As a result, the judges are not as knowledgeable about this area, and the cases take longer to resolve. Looking to build a better mousetrap, Wurst has hit on arbitration to resolve commercial disputes in a fair and timely manner.

State Receivership: An Alternative to Bankruptcy

Filing for Chapter 11 protection can be an expensive procedure for borrowers and lenders. Keri Wintle discusses another option, state receivership, which can offer a more frugal avenue to achieve the same goal while offering all parties more privacy and greater flexibility.

Understanding Borrowers’ Claims Against Lenders

Losing its business and having to repay its debts can compel a bitter borrower to retaliate against a lender, blaming the lender for its default. Jeffrey Wurst notes the courts do not always favor borrowers, as a recent suit filed against MB Financial Bank demonstrates.

When Is a Consignment Not a Consignment? A Look at the Ongoing Sports Authority Bankruptcy Case

In the world of bankruptcy, the definition of “consignment” is not as simple as it would seem. In the ongoing Sports Authority bankruptcy case, the company is trying to remain afloat by selling merchandise it obtained on consignment. The consigners, of course, want to be paid, as do the company’s lenders. Judge Cyganowski reviews the case, which has not yet been resolved, and explains the complexities of consignment.

The Retail Crisis: Impact on Regional Shopping Malls

As brick-and-mortar retailers scramble to increase their online presence while fending off bankruptcy, regional shopping malls struggle to fill empty spaces and replace anchor stores. Stephen Selbst examines the issues lenders and investors are facing as this iconic part of U.S. life tries to reinvent itself.

The Emergence of Financial Documents in E-Commerce

Spurred by the rapid growth of e-commerce and online lending, e-signatures and e-documents are becoming an essential part of business. However, both terms remain loosely defined in a legal sense. Paul Shur examines the regulations and case law that govern their use.

Financing Government Receivables: State Governments Subject to Notification Like Other Account Debtors

Assigning payment rights is a basic concept that enables borrowers to obtain working capital. However, matters can be more complex when working with government departments. Jeffrey Wurst explains a recent decision in a Florida appellate court that requires state government departments to make payments when the debt has been reassigned to a factor if proper procedures have been followed.

The Priority of Federal Tax Liens; A Commercial Lender’s Perspective

People often assume that federal law takes precedence over state law, and, in many cases, it does. However, when it comes to perfecting securities under the UCC, federal law preserves the priorities established by states. Stephen Brodie and Tzvi Weisz examine the interplay between security interests under the UCC and federal tax liens.