Lessor/Secured Lender Representation in Equipment Finance Matters
Thompson Hine has significant experience in representing equipment lessors/secured lenders in both state and federal court proceedings, as evidenced by the following representative matters:
- Bush Leasing, Inc. (Southern District of Ohio). Representation of secured creditors and equipment lessors in chapter 11 case of leasing company.
- Equipment Maintenance, Inc. (Hamilton County Court of Common Pleas). Recovered over 15 units of heavy construction equipment on behalf of secured lender through consensual work-out and $2,000,000 deficiency judgment in later state court litigation.
- Ehrsam Excavating, Inc. (Cuyahoga County Court of Common Pleas). Recovered unit of heavy construction equipment on behalf of secured lender in contested replevin litigation and successfully defended lender from breach of implied warranty and product defect claims.
- Eastwood Dairy. (Southern District of Ohio). Recovered complete payoff of leased equipment from receiver after exerting pressure on receiver to either exercise buyout option or return equipment.
- Buckeye Hall of Fame. (Franklin County Court of Common Pleas). In dissolution proceeding, recovered equipment and administrative rent payments for use of leased electronic signage equipment through negotiation with dissolving corporation’s primary secured lender and corporation’s receiver.
- Cord Camera Centers, Inc. (Franklin County Court of Common Pleas). Recovered administrative expenses for the unauthorized sale of leased equipment by assignee in assignment for benefit of creditors proceeding.
- M&M Drying, Ltd. (Northern District of Ohio). Representation of equipment financier with respect to adequate protection requests and section 363 sale process.
- Triad Resources, Inc. (Southern District of Ohio). Representation of equipment financier in connection with adequate protection requests and sale through a plan of reorganization. Following borrower’s unsuccessful reorganization, successfully defended preference litigation brought by liquidating trustee without settlement payment or discovery expense.
- C&D Disposal. (Southern District of Ohio). Representation of equipment financier with respect to breach of contract, replevin and pursuit of guarantors.
- Level Propane Gases, Inc. (Northern District of Ohio). Representation of equipment financiers in chapter 11 case of large propane gas distributor.
- HomePlace Stores, Inc. (District of Delaware). Representation of several major equipment lessors in chapter 11 case of large home furnishings retailer.
- BNI Telecommunications, Inc. (Northern District of Ohio). Representation of equipment lessor in chapter 11 case of telecommunications provider.