So You Thought You Had A Lease?
Jeffrey S. Posta, Shareholder in Stark & Stark's Bankruptcy & Creditor's Rights Group, authored the article, So You Thought You Had A Lease? for the April 2010 Lease Enforcement Attorney Network Newsletter.
In the article, Mr. Posta states that there is uncertainty in the law about whether a transaction is a sale or a true lease, and stresses that this distinction is especially important when and if the owner/lessee of an asset files for bankruptcy. Mr. Posta advises lessors desiring true lease treatment to carefully document their transactions in order to protect their interests.
You can read the full article online here.

