« December 2006 | Main | February 2007 »

Jan26
Norvergence questions
While hanging out with some attorneys the other day (I know – lapse of judgment), the subject of service contracts came up, along with some enforceability issues, lessee practices, and legal foundations.  Norvergence, of course, got mentioned.  With that as background, I would like to pose some hypothetical questions to the lessees.  The primary premise behind the questions is that, unlike the Norvergence situation, the service provider was legitimate, and the equipment was valued properly and had actual utility – basically, how business should be, and normally is, conducted.  So, here we go.

 

 

 

Situation One – you buy equipment for $28,000 that performs an essential function and that requires some form of service (this may be fuel, electricity, or other form of service).  Since the service provider is offering significant savings on the cost of the service if you pay for it up front, in a lump sum, you decide to prepay $12,000 for the services over the next four years.  Unfortunately, after 18 months, the service provider goes out of business.

 

 

 

1.       Who do you blame for this mess?

 

2.       Do you seek legal redress and, if so, from whom?

 

 

 

Situation Two – same situation as One, except you buy the equipment by borrowing $28,000 from the bank, payable at $700 per month over the next 48 months.  You also decide to prepay $12,000 for the services over the next four years.  After 18 months, the service provider goes out of business.

 

 

 

1.       Who do you blame for this mess?

 

2.       Do you seek legal redress and, if so, from whom?

 

Do you continue to pay the bank loan on the equipment, even though it does not work without the service?
Continue Reading
Jan19
The Emperor's New Clothes
More profits, fatter margins, industry sustainability, and growth would all be nice.  Well, maybe it’s time to put the clothes back on the Emperor and start leasing again.

 

Continue Reading
Jan17
No delay for FIN 48
For those of you struggling with how to implement FIN 48 for this year’s audit – keep struggling.  Today, the FASB rejected any postponement.  So, tell me – how does that thumb in your eye feel? Continue Reading

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