ANTHONY L. LAMM

Blue Bell, PA v. +1.267.419.1504

f. +1.267.419.1560

allamm@flammlaw.com

V-card

 

PRACTICE AREAS

Creditors’ Rights
Business Transactions & Commercial Finance

  

PRACTICE

29 Years of Secured Lending experience including both in-house counsel and private legal practice. Advanced practice in Article 9 and Article 2A of the Uniform Commercial Code. Accomplished Commercial Attorney in practice areas of Equipment Financing (Syndication, Vendor Relationships, Custom Master Leases and Assignee Relationships, Workouts and Restructuring), Middle Market Banking (commercial loan regulatory issues and compliance, Creditor Loan Agreements, negotiation and documentation – Real Estate, Construction, Manufacturing and Service-Related industries and Transportation with titled vehicles), Asset Based Lending and SBA loans, Negotiation, Documentation, Workouts, Restructuring, Creditor Bankruptcy and Commercial Collections.

Portfolio of exclusive financial institution clients ranging from Small Ticket Leasing companies to National Banks. Developed client base through authoring legal articles, panel presentations at client financial conferences and, unique client management, development and reporting strategies.

Advanced Article 9 and Article 2A advice and interpretation, particular experience in Personal Property Lien Disputes and Remarketing and Consignment Issues. Recent publications include ECOA's Reg B and Consumer Leasing.

Negotiating and drafting Commercial Equipment Leases, Loans and Collateral Agreements for Equipment Lessors, Banks and Finance Companies and Commercial Creditors' Rights litigation, including mortgage foreclosure, bankruptcy and enforcement of delinquent problem loans and equipment leases.

Supervise outside counsel, admitted Pro Hac Vice in multiple states.

Enforce payment of delinquent Equipment Lease receivables and obtain recovery of Lessor’s equipment through Common law and Uniform Commercial Code remedies. Develop custom case management software for multiple causes of action in litigation to advance compliance with case elements.

Advise National Equipment Lessors client base concerning particular issues that are unique to Pennsylvania.

Provide advice on issues related to Pennsylvania Motor Vehicle Sales Finance Act, Installment Sales Act, General Conveyancing of Equipment (Titles, Manufacturer's Statements of Origin, Assignments of Sales Orders), U.C.C. Financing Statements and Supplier's Delivery and Acceptance Certificates. Special familiarity with issues related to lien priority on titled vehicles with Personal Property accessions.

 

INDUSTRIES

Banking and Financial Institutions

Asset-Based Lenders

Real Estate Brokers

Equipment and Vehicle Lessors and Funding Sources

Transportation and Trucking Receivable Servicers

 

ADMISSIONS

Supreme Court of Pennsylvania

United States District Court for the Eastern District of Pennsylvania

 

EDUCATION

Temple University School of Law, JD 1984

Temple University, BA 1980

 

AWARDS

Pennsylvania Super Lawyer 2004, 2005, 2006 and 2009

Temple University, BA Magna Cum Laude

 

ASSOCIATIONS

Pennsylvania Bar Association

Montgomery Bar Association

Turnaround Management Association

Equipment Leasing Finance Association

National Equipment Finance Association

Risk Management Association

Commercial Finance Association

 

PUBLICATIONS & PUBLIC SPEAKING

Newsline (May/June 2015) “ECOA’s Reg. B: Does the Term “Applicant” Include Guarantors?”

“Alternative Fee Structures and Legal Services Management”

Equipment Finance Advisor (June 2015) Issue “Readiness Strategies for a Downward Spiral of Delinquencies”

September 2014 “Dodd-Frank Act and Its Impact on Equipment Leasing

LJN’s Equipment Leasing Newsletter (October 2007) Issue “Issues in Private Label Lease Transaction Workouts”

LJN’s Equipment Leasing Newsletter (November 2005) Issue “Director Liability to Creditors an Encouraging Trend?”

LJN’s Equipment Leasing Newsletter (June 2004) Issue "On-Site Sales: What Lessor’s Counsel Should Know"

Anthony L. Lamm, Esquire and Jonathan K. Moore, Esquire (March 2003) "Before You Do Business in Pennsylvania"

Law Journal Newsletters (February 2003) Issue "Recovering Attorneys’ Fees As An Administrative Expense"

Monitor – Leasing & Financial Services (January 2003) Issue "Credit Protection in Today’s Precarious Economy"

LJN’s Equipment Leasing Newsletter (December 2001) "Effect of Revised UCC Article 9 On the Small-Ticket Lessor"

Equipment Leasing Newsletter (January 2001) "Acceleration of Damage Clauses: Critical Choices in Lease Enforcement"

Leader’s Equipment Leasing Newsletter (April 2000) "Perfecting a First Lien and Establishing Priority"

Leader’s Equipment Leasing Newsletter (September 1999) "Obtaining Financing: How to Satisfy a Bank’s Concerns"

Leader’s Equipment Leasing Newsletter (February 1999) "Holdover Provisions: An Ounce of Prevention"

Leader’s Equipment Leasing Newsletter (December 1998) "Consequences in Equipment Recovery"

03/03/16 – “ECOA’s Reg. B” NEFA Equipment Finance Summit

11/06/15 – “Regulation B, Equal Credit Opportunity Act – Recent Developments”Fulton Bank

05/15/15 – “Equipment Credit Opportunity Act (Regulation B)”ELFA Legal Forum

09/09/14 – “Dodd-Frank Act: Impact on Equipment Leasing and Finance” NEFA Funding Symposium

05/05/14 – “State Licensing Requirements, Installment Sales Contracts & Sales Finance Acts”ELFA Legal Forum

12/17/13 – “Best Practices & Regulatory Expectations”M&T Bank

06/04/13 – “Small Changes Big Effects”ELFA Credit & Collections Management Conferenc 

05/05/13 – “Common Sense Tips for Avoiding Litigation for the Transactional Lawyer”ELFA Legal Forum

06/26/12 – “Special Assets, Identification, Mitigation & Liquidation”Union League Breakfast Presentation

06/08/09 – “Equipment Repossession and Recovery”ELFA Credit and Collections Management Conference

04/19/09 – 4/21/09 – “Discussion of Ethical Policies in Dealing with Automatic Renewals, Security Deposits; Advanced Fees; Documenting the Deal to Reflect Actual Terms”ELFA Legal Forum – Panel

04/30/09 – “Second Lien Lending”ELFA Legal Form – Facilitator – Round Table Discussion Group

04/04/08 – 4/8/08 – “eContracting Boot Camp”EAEL Spring Conference

050/6/07 – 5/8/07 – “Theories of Lender Liability”ELFA Legal Forum – Moderator

05/07/07 – “Private Label Programs: Origination, Servicing & Enforcement Issues”ELFA Legal Forum

05/18/06 – 5/21/06 – “Ethics in Three Acts: Ethics in Film; What is Right & What is Wrong; What Role does Morality Play in the Practice of Law, Ruminations on Ethics and Professionalism”Association of Commercial Finance Attorneys – CLE

04/30/06 -5/2/06 – “Second Lien Lending”ELA Legal Forum

06/13/05 – “Troubled Lessors and Vendors: A Study of the Global Issues Raised”ELA Credit and Collections Management Conference

05/15/05 – “Current Issues and Defenses in Legal Enforcement”ELA Legal Forum

11/16/04 – “PA Rules of Civil Procedure, NJ Civil Practice Rules, Article 2A, Article 9 Citicapital Presentation

09/15/03 - “Innovative Lawyering” EAEL Expo - Panel

05/04/03 – “Equipment Leases in Default, Enforce Your Remedies” ELA Legal Form – Roundtable Moderator

05/05/02 – “Lessor’s Strategies and Alternatives in a Post Petition World” ELA Legal Forum

05/07/01 – “The Troubled Lessor” ELA Legal Forum

2001 – “Do you have a legal leasing question?” EAEL Expo - Panel

 

REPRESENTATIVE MATTERS

Develop Workout strategies for Commercial Loans of National Institutions and Equipment Leases ranging from $250K to $25M.

Preparation of Custom Operating and Finance Equipment Leases, Inland Chassis Pool Agreements, Intermodal Master Chassis Lease Agreements – Canadian and U.S. Equipment Carriage Agreements, Load-Out Agreements, Shipper and Broker/Motor Carrier Contracts, Commercial Loan Agreements for Real Estate and other secured transactions, including, Asset-Based transactions, Warehouse Credit-Line facilities for Equipment Lease financing and Real Estate acquisitions and Buy-Sell agreements for businesses.

Prevailing in Bankruptcy litigation, Middle District of Pennsylvania, Adversary Trial over disputed issue of Factorer's sale of invoices versus loans and subordinated priority.

Opinion Letters addressing potential Consumer Nature of Lessees as sole proprietors, single member LLCs and sole shareholder corporations (authored several articles for financial industry publications on ECOA Reg. B and Consumer Leasing Law – Reg. M and state wide Installment Sales Acts)

Restructured high volume C & I loans for national middle market lenders, provide advice and counsel on Motor Vehicle Sales Finance Act and Titling Trust Administrative Owner versus Legal or Beneficial Owner issues.

Bank financing of $10M to Debt-buying company and Servicer-Collection Agency: represented lender to determine priority of lender’s secured status in consigned collection accounts owned by others than borrower versus secured status in borrower owned accounts and examine and pursue remedies in state and/or bankruptcy court.

Bank group loan of $150M to public equipment lessor and business credit company: engaged as Special Equipment Leasing counsel to investigate fraud in multiple pledges of same assets and receivables.

Lessor to Lessor sale of master equipment lease schedules without recourse challenged by purchaser: engaged as purchaser’s counsel to develop theories of breach of representation and warranties where Trustee in bankruptcy sought recovery of payments made because collateral had insignificant value compared to payments of lease.

Appeared in 200 contested Writ of Seizure hearings under Pennsylvania fast-track rule for Replevin Order.

Engaged as principal counsel on behalf of equipment lessor with significant exposure in collection of accounts related to NorVergence fraud.