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Clark Hill Attorneys Gary E. Green, Edward L. Filer and W. Kent Carter Author Article Featured in ELT Magazine

April 9, 2010


Clark Hill attorneys Gary E. Green, Edward L. Filer and W. Kent Carter’s article “Priority Disputes Over Deposit Accounts and Proceeds Under Article 9” was featured in the March/April issue of ELT Magazine.

The article addresses the issues faced under Article 9 rules governing priority over proceeds and deposit accounts and to assist secured lenders in avoiding the traps of losing priority over proceeds.

To read the article, please

click here


ELT Magazine is the magazine of Equipment, Leasing & Finance and is published bimonthly by the Equipment Leasing and Finance Association.

Gary E. Green

practices in the Banking, Litigation and Creditors’ Rights and Bankruptcy Departments.  He has more than 22 years of experience representing financial institutions in foreclosures, receiverships, lender liability, bankruptcy and restructuring.

Gary’s experience includes loan documentation, portfolio sales and U.S. Small Business Administration loan programs.  He has extensive experience in the equipment lease finance industry, including litigation, bankruptcy, collection policies and procedures, vendor programs, broker-dealer agreements, and sale and purchase of lease portfolios.

Gary has years of trial experience in state, federal and bankruptcy courts throughout the country.  He has acted as special counsel to Chapter 7 Trustee in a six week trial related to fraudulent conveyance actions in the auto parts resale business.  He has prosecuted TROs and Preliminary Injunctions on covenants not compete through successful use of electronic discovery.

Gary has substantial experience in the defense of Class Actions involving Consumer Fraud, Fair Debt Collection Act, Fair Credit Reporting Act and Securities Fraud.

Gary has lectured and written on bankruptcy, trial techniques, evidence, settlement negotiations, collection practices, and counseled his clients on the pitfalls of the electronic era in the uses of electronic discovery.  He has been awarded the “Illinois Leading Lawyer” in Banking and Financial Institutions Law and Bankruptcy in 2004, 2005, 2006, 2007, 2008, 2009 and 2010.

Gary serves on the Equipment Leasing and Finance Association’s Executive Legal Committee. In addition, he serves on the Regulatory and Legislative and Uniform Commercial Code Subcommittees.

Edward L. Filer

is currently the head of Clark Hill’s Construction Group. He also practices in Clark Hill’s Business and Corporate Transactions Department, Litigation Department, Real Estate Department and Secured Lending Group. His practice is nationwide and includes general corporate counseling, contract drafting and negotiation, business reorganizations and restructuring, mergers and acquisitions, business workouts, arbitrations, civil trials, mediations, claim preparation and mid-project analysis. Mr. Filer represents material suppliers, subcontractors, contractors, construction managers, design-builders, architects, owners, sureties, and financial institutions in every aspect of their business.

W. Kent Carter

is a member of the firm’s Litigation and Bankruptcy and Restructuring groups in Chicago. Kent’s practice focuses on commercial litigation, with a concentration on the Uniform Commercial Code, including, secured transactions, equipment leases, commercial sales and negotiable instruments. He has more than twelve years of experience representing clients in complex contract disputes and business torts in state, federal, bankruptcy and appellate courts. Kent’s practice also includes representation of secured lenders and other parties in all aspects of business workouts and insolvency law, including asset sales, restructuring, refinancing, bankruptcy, out-of-court workouts and successor liability. Kent frequently advises financial institutions and lenders in connection with all facets of their businesses and operations, including dealership and franchise terminations, consumer credit compliance, loan documentation and administration, credit restructurings, work outs, creditors rights and lender liability avoidance and defense. Kent was named to Super Lawyers list of Rising Stars in Illinois in 2010 for Business Litigation.

Kent is a frequent lecturer on the Uniform Commercial Code before groups such as the Equipment Leasing and Finance Association and serves as a faculty member on the Uniform Commercial Code for the Illinois Institute for Continuing Legal Education. He is the author of

Recent Development and Proposed Amendments to Article 2A of the Uniform Commercial Code

, Illinois Institute for Continuing Legal Education, Uniform Commercial Code Series (2007) and

What’s My Name? Understanding U.C.C. Search Logic

, The Journal of the Equipment Leasing and Finance Association (2009).

Kent has also defended numerous cases and class actions in state and federal courts alleging violations the Fair Debt Collection Practices Act, the Credit Repair Organization Act, the Fair Credit Reporting Act, Truth in Lending Act and Real Estate Settlement Procedures Act and state consumer fraud statutes.

Since 1890, Clark Hill PLC has been providing Business Legal Services, Government & Public Affairs and Personal Legal Services.

With offices in










, Clark Hill is a full service law firm with more than 200 attorneys.

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