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ARTICLE · 22 MARCH 2022

Remarketing: Ensuring Your Equipment Cannot Be Seized By Creditors

Retaining the services of an agent to remarket equipment is one of the more routine occurrences in the equipment finance and leasing industry, yet many may be surprised to learn it is fraught...

United StatesFinance and Banking

by Scott Chait, Shari Bascardi & Dillon Redding  Vol. 49 No. 1 2022

Remarketing equipment with an agent occurs frequently in the equipment finance industry, but it comes with legal risk. Scott Chait, Shari Bacsardi and Dillon Redding discuss the risks and benefits of successful equipment remarketing that is UCC compliant.

Retaining the services of an agent to remarket equipment is one of the more routine occurrences in the equipment finance and leasing industry, yet many may be surprised to learn it is fraught with potentially enormous legal risk — the loss of the equipment to a creditor of the remarketer. This article will briefly highlight the legal risk and, more importantly, recommend steps you should take to ensure your equipment is not subject to potential seizure by the remarketer's creditors.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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