Improperly Documented Agreement Leads to Lender’s Loss in Equipment Financing Dispute

By  Mairi V. Luce and Klara Bradbury

In Wingspire Equipment Finance LLC v. E-Crane International USA Inc., the United States Bankruptcy Court for the District of Delaware closed a long-running equipment-financing dispute with a practical warning for lenders: Funding a borrower’s purchase of equipment does not, by itself, give the lender an interest in the equipment or a direct claim against the vendor. The decisions in the case are a reminder that an equipment lender needs a documented path to title, control or other enforceable collateral rights to ensure it has a path to recovery in the event of a bankruptcy scenario.

Read the full Alert on the Duane Morris LLP website.

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