Equipment Leasing & Finance - Marks & Associates

at 505 N 20th Street, Suite 1615, Birmingham, 35202 United States

Since 2006, Marks & Associates (formerly, Marks & Weinberg) & founding member Barry Marks has concentrated its practice on equipment leasing and finance.

Equipment Leasing & Finance - Marks & Associates
505 N 20th Street, Suite 1615
Birmingham , AL 35202
United States
Contact Phone
P: (205) 851-8301


Much of our work in the small ticket and middle market segments is in creating programs, form documents and policies for our clients. In many cases, this involves working with start-up operations such as new equipment finance departments for growing banks; but we often upgrade existing form documents and policies to industry best practices or adapt forms for new uses. In some cases, we simply review existing documents and make recommendations. In others, we replace or substantially rewrite the documents our clients were using. Many in the industry use true leases, leases intended as security, TRAC leases and equipment finance agreements that we have prepared. Lessors and lenders offering multi-million dollar financing to major corporations benefit from strong documentation and standardized procedures. We pride ourselves on our experience in creating structures and negotiating terms. We believe our unique experience in dealing with all market segments gives us the perspective and sophistication necessary to speak authoritatively. We work extensively in the syndication and participation markets. We have experience with recourse and non-recourse borrowings and lines of credit and arrangements under which lease transactions are sold to banks and other funding sources. Our work includes the review of originator lease documents as well as files relating to aged transactions. We handle back-leveraging arrangements and leveraged leases. Our lawyers routinely draft and negotiate secondary market documentation, including broker and discounting program agreements, outright or collateral assignments and participation agreements. Our work with vendors includes the representation of captive leasing and finance companies and the negotiation of vendor program agreements including private label and other variations. Our experience allows us to tailor our recommendation to the specific needs of the client, which include the creation of vendor lease documents that are secure and meet industry standards, while facilitating successful sales. Marks & Associates, P.C. offers audits of existing portfolios. We often find that random legal audits expose deficiencies in insurance certificate, UCC filing and other documentation policies and tracking. We also offer employee training, utilizing our experience addressing leasing associations and individual clients as to best practices and policies. We appreciate the need of our lessor and lender clients for creativity and the benefit of our experience, but also prompt and cost-effective service that recognizes that value of focusing on those issues most important to the client instead of those easiest to identify by the lawyers. Our significant experience includes creditors’ rights representation such as commercial collection litigation, loan workouts, forbearance agreements, real estate foreclosures, replevin law suits, UCC Article 9 repossessions and lien enforcement. We represent creditors in Chapters 7, 11 and 13 bankruptcy cases in all Federal Districts in Alabama. Our bankruptcy work includes motions for relief from automatic stay, lease assumption or rejection, defense of automatic stay violation claims, plan confirmation, claims and adversary proceeding matters. Many lawyers handle creditors’ rights and collections work. We find that many leasing professionals appreciate the value of having experienced leasing lawyers handle their cases. We are members of the Lease Enforcement Attorney Network (LEAN). As its website states, “LEAN is comprised of carefully selected member firms distinguished by their long and broad experience in leasing and an excellent reputation in the industry.” We have clients whose business extends across the United States. Some clients who finance high risk credits face concerns regarding interest rate limitations. Others need to know whether they must expend the time and money to register or obtain lender or leasing licenses in states where they do some or just a little business. There are charts and summaries on these topics on the web, but these resources often have inaccuracies and are limited in scope. With our experience we provide information and guidance to our clients to help them make good business decisions. Our lawyers are experienced in enforcement and collection actions and offer both pre-litigation advice and representation in Alabama state and federal courts. We also supervise, assist, advise or review the work of local counsel in other jurisdictions to save wasted time and give them the benefit of our experience. We are often able to associate and work with, or refer matters to experienced counsel in other jurisdictions. In addition to straight litigation services, we are experienced in alternative dispute resolution, including both mediation and arbitration. We have worked with insurance defense counsel and enforced lessee obligations with respect to indemnities and insurance. Much of our work is in the risk management area where we try to avoid the necessity of litigation, both in the course of negotiating transactions and advising clients as to litigation and pre-litigation policy. At Marks & Associates, P.C. we often find that actions taken immediately prior to litigation can significantly improve our clients positions and we offer advice with regard to collections policies as well as communicating directly with lessees and borrowers. Bankruptcy services We have experience in bankruptcy courts and have represented creditor clients or rendered advice with respect to enforcement actions under Chapters 7, 8, 11 and 13. Whether your executives need personal bankruptcy information or your business faces significant financial distress, our attorneys can help you assess the most prudent course of action.

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Published on 2014-05-14 21:27:04 GMT

Published on 2014-05-08 19:09:55 GMT

Published on 2014-05-08 19:08:15 GMT

Generated summary (experimental)

– Oliver Wendell Holmes, Jr.
Welcome and thank you for your interest in our firm.
Law firm websites have much in common.
Like other firms, Marks & Associates, P.C., offers highly skilled lawyers and a great reputation.
Like them, we promise to do a good job and we value your business.
What we believe sets us apart is our experience and our focus on equipment finance.
This emphasis on a primary area of practice enables us to provide practical, cost-effective solutions and prompt, reliable representation.
We protect our clients, get deals done and promote the success of those who place their trust in us; in short, we recognize that we are a service business.
I stand behind these statements.
Our firm addresses the needs of large and small equipment leasing and finance operations in a wide variety of transaction types, including:
Warehouse and funding lines Refinancings, back-leveraging, lease assignments, sales of interest and other structure or party changes Multiparty use arrangements and financings for operators and drivers Debt fundings and portfolio acquisitions Mixed goods and services transactions Representation of bank, captive and independent equipment financers and lessors Representation of funders and brokers in creating broker programs
– Henry Steele Commager
We have years of experience in documenting and enforcing financings for many types of equipment, among them:
Our services are not limited to financings secured by business equipment.
We represent clients in a wide range of commercial transactions and secured and unsecured financings, including lines of credit and loans secured by insurance, stock and other intangibles.
Our services also include representing clients in mergers and acquisitions of companies through asset or ownership transfers and specific asset transfers, including sales and acquisitions of asset portfolios.
We pride ourselves on being able to address the needs of our business clients and providing the same business-oriented service that we offer the equipment finance industry.
Although our lessors and lender clients include several members of the Monitor 100, no single client or type of business enterprise dominates our client base.
For more information, please contact us online , email or call any of our lawyers at the numbers on our bio pages, or call Tammy Hogan at 205.251.8301.