Equipment Leasing

Overview

Blank Rome is “[a] go-to practice for equipment financing and also highly regarded for its capabilities in bankruptcy and restructuring matters.”

Chambers USA

No two equipment leasing decision are the same so it’s important to have skilled counsel who can structure the most effective and advantageous transaction in a way that aligns with your specific business requirements. 

Our leasing attorneys have the experience in structuring, negotiating, and documenting complex leasing transactions needed to best meet our client’s expectations and achieve their business objectives. Whether equipment lessee, lessor, lender, or on the debt and equity side of a leveraged lease transaction, our team will guide and advise clients through issues involving commercial lease laws. Additionally, we’re able to resolve workout and bankruptcy matters impacting our leasing clients.

Equipment leasing often requires specialized input from our attorneys practicing in other areas. Our leasing attorneys take a multidisciplinary approach by drawing upon those resources, incorporating their knowledge of all aspects of the Uniform Commercial Code, bankruptcy, tax and securities law, as well as industry-specific experience such as energy and financial services

Importantly, our tax attorneys have extensive experience with the judicial and regulatory decisions that govern the tax status and consequences of equipment and receivables finance arrangements, and the long-standing IRS guidelines on determining true lease versus finance lease status. The tax team also assists, as appropriate, on the integration of leasing tax consequences with a client’s overall tax situation. We maximize our clients’ returns in light of the ever-changing laws on both the state and federal levels.

How We Can Help

  • recourse and non-recourse discounting of lease receivables 
  • municipal and federal government leases
  • leasing company finance
  • lease-backed securitization (including structures involving vehicle titling trusts)
  • sale-leasebacks and residual financing
  • single investor commercial and consumer leases
  • purchase and sale of lease portfolios
  • warehouse lease finance credit facilities
  • bankruptcy aspects of leasing, including assumption and rejection issues, Section 365(d)(5) rights, and lease recharacterization analysis

What Sets Us Apart

  • The leasing group is actively involved in the Equipment Leasing and Finance Association and other trade organizations. Several of Blank Rome’s attorneys have served as panelists at these organizations’ annual and regional meetings. 
  • Members of the leasing group have also served as vice chairman of the Article 2A Task Force for the Pennsylvania Bar Association; as chairman of the American Bar Association’s Leasing Subcommittee; as editor of the Annual Survey on Personal Property Leasing for the Business Lawyer; and on the board of editors for a leading publication focused on equipment leasing. 
  • Our attorneys are frequent lecturers on the Uniform Commercial Code and its implications in leasing transactions, and have contributed to leading publications on leasing law.

News & Views

See all News and Views