DON’T WAIVE WAIVERS IN LOAN DOCUMENTS

Jeffrey Wurst cautions lenders “to plan your divorce before you get married,” when preparing loan documents. Incorporating waivers is one way to avoid subsequent litigation. A Texas case illustrates how even unenforceable waivers can strengthen a lender’s position.

Wurst Elected to American College of Commercial Finance Lawyers Board Of Regents

Jeffrey A. Wurst, a senior partner at Ruskin Moscou Faltischek and a regular contributor to ABF Journal, has been elected to the Board of Regents of the American College of Commercial Finance Lawyers.

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.

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.

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.

Ruskin’s Wurst Named Among Top Long Island Attorneys

Jeffrey A. Wurst, a senior partner at Ruskin Moscou Faltischek and chair of the firm’s Financial Services, Banking & Bankruptcy Department, was named to the Long Island Pulse Magazine’s list of top 10 area attorneys.