Bankruptcy & Finance

Filter By Topics: Topic

We're Sorry

No Results Found

We're Sorry

No Results Found

We're Sorry

No Results Found

We're Sorry

No Results Found

MONTH-IN-BRIEF (Aug 2018)

Professional Responsibility

The Supreme Court of Florida on Security Interest for Lawyer Fees

By Stephen Sepinuck, Frederick N. & Barbara T. Curley Professor & Director of the Commercial Law Center at Gonzaga University School of Law

The Florida Bar v. Parrish, 241 So.3d 66, 2018 WL 2049999 (Fla. 2018). A lawyer who acquired a security interest in a client’s Lamborghini to secure payment of past and future legal fees thereby entered into a business transaction with the client that was not an ordinary fee agreement because the transaction enabled the lawyer to obtain funds from the sale of the Lamborghini that would constitute an excessive fee. Because the lawyer did not comply with the rules of professional responsibility relating to such transactions, the Court ruled that he was subject to discipline.

Commercial Finance

The Eastern District of Arkansas and the Western District of Missouri on Incorrect or Ambiguous Financing Statements

By Stephen Sepinuck, Frederick N. & Barbara T. Curley Professor & Director of the Commercial Law Center at Gonzaga University School of Law

Winfield Solutions, LLC v. Success Grain, Inc., No. 3:17CV00329 JLH, 2018 WL 1595871 (E.D. Ark. Apr. 2, 2018). A financing statement covering equipment, among other things, was not seriously misleading because it incorrectly included in the collateral description the statement, “this filing filed as ag lien.” The Court ruled that since the debtor’s name was listed correctly, the erroneous language would not mislead a searcher regarding the collateral the financing statement covers.

PRACTICE AREA TOOLS

Top Contributors

Login or Registration Required

You need to be logged in to complete that action.

Register/Login