David Tatge coauthored a book titled American Factoring Law, which was recently reviewed in the American Bankruptcy Institute Journal by Mary H. Rose, of Buchalter Nemer PC in Los Angeles. Rose hailed the book as "a must-have for your law library, and possibly for your own office bookcase."
Following is an excerpt:
Before the main volume of American Factoring Law was published in December 2009, the literature on American factoring consisted of a few articles, some relatively brief sections in commercial finance treatises and marketing brochures issued by factors themselves. There was no comprehensive treatise on factoring law that could explain why the factoring agreement you were reading was structured the way it was, how it differed from other factoring agreements and whether the courts were likely to enforce the provisions of your factoring agreement and the operational procedures of your factor in the way you hoped they would.
American Factoring Law has definitively changed all of that. It is a comprehensive, well organized, exhaustively researched and, above all, clear statement and explanation of modern factoring law. Whether you are a neophyte in the world of factoring or a seasoned practitioner, this book is a must-have for your law library, and possibly for your own office bookcase.
This book has everything you ever wanted to know about factoring but had no one to ask. It includes not only descriptive explanations and commentary, but sample provisions from a variety of types of factoring agreements, discussions of significant factoring cases (with polite criticism of incorrectly decided cases), references to online court dockets and supplemental materials, descriptions of industry-specific factoring facilities, a glossary of factoring terms, and materials on proper accounting and tax treatment. For the factoring aficionado, there is even an in-depth chapter on the history of American factoring, which is worth reading for the perspective and insight it gives to modern factoring concepts.
Reprinted with permission from the ABI Journal, Vol. XXX, No. 8, October 2011.
The American Bankruptcy Institute is a multi-disciplinary, nonpartisan organization devoted to bankruptcy issues. ABI has more than 13,000 members, representing all facets of the insolvency field. For more information, visit ABI World at www.abiworld.org.
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