Back to Nisen & Elliott Home Page

Auto Finance Law

Nisen & Elliott, LLC

200 West Adams Street | Suite 2500
Chicago, IL 60606
Phone: (312) 696-2525

NEWS & EVENTS

  • July, 2015
    The Trust and Estate group at Nisen & Elliott, LLC is currently in the process of revising the estate planning documents for several of our clients in order to minimize exposure to potential capital gains taxes following the death of the second to die.  Under most existing documents at the first death a Family Trust is funded first, up to the current estate tax exemption of $5,430,000.  The original purpose was to exclude this trust from the estate of the second to die.  The combined exemption of $10,860,000 exceeds the typical total value of assets for most couples.  By excluding the Family Trust from the second estate, the assets in the Family Trust do not receive a step up in basis at the second death.  If the original survivor lives five years after the first death and the assets grow by twenty percent, the potential capital gains tax for the end takers could well be in excess of $100,000.  The greater the growth, the greater the tax exposure. The new forms developed by the Trust and Estate Group, including Paul F. Gerbosi, John F. Lesch, Mark F. Zaenger, Helen M. Jensen, and Maureen E. Ryan minimize or eliminate this tax exposure.  
  • June, 2015
    John D’Attomo recently won an appeal in the Illinois Appellate Court involving claims for violation of the Illinois Condominium Property Act and breach of contract on behalf of the purchasers of a luxury condominium unit.  The dispute arose from the seller’s failure to disclose a leasing restriction applicable to the condominium unit that precluded the client’s intended use of the condominium unit.  The Appellate Court’s decision creates new law in Illinois concerning the remedies available to aggrieved purchasers under the Condominium Property Act.  John is currently preparing for the retrial.  

  • May, 2015
    Nisen & Elliott, LLC manages toxic tort defense, and complex litigation resulting in recovery of insurance proceeds for mass toxic torts. We recently received, on behalf of a client, payments from Integrity Insurance Company in Liquidation in New Jersey. Our Firm originally filed the claim on behalf of our client in 1987 and the final payment brought the total recovery against this insolvent insurance company to over 90% of the aggregate limits of certain multi-million dollar general liability insurance policies. Nisen & Elliott has prosecuted claims against other insurance carriers in run-off or liquidation, including Kemper Insurance Company, Midland Insurance Company, London Market Insurance Companies, Transit Insurance Company, and others.  Our toxic tort defense, led by Edward B. Mueller, includes asbestos, silicosis and environmental claims.  Mr. Mueller specializes in business acquisitions and capital formation, insurance and toxic tort, healthcare and corporate matters.
  • April 1, 2015
    Nisen & Elliott, LLC is representing Yamaha Motor Finance Corporation, U.S.A. (YMFUS), the newly created captive finance company for Yamaha Motor Corporation, U.S.A.  The Automotive Finance Group of Kenneth Rojc, David Gemperle, Andrew Kriz, Colleen Lambrecht, Cara Matesi and Debbie Krusen will be assisting with federal and state law compliance matters, business licensing and the review and development of documentation and services for the YMFUS businesses.  The new captive finance company will provide non-prime and second look consumer financing for Yamaha motorsports and watersports products on a nationwide basis through Yamaha’s network of retail dealers.
  • April, 2015
    Mark Zaenger, in our Employee Benefits Group, assisted a manufacturing client with a private audit of qualified plan compliance due to changing controlled group issues involving the employers sponsoring a tax-qualified retirement plan.  As a part of this audit, Mr. Zaenger evaluated the controlled group status of the plan's various sponsoring employers and the impact of the failure of the third party administrator to identify the change in controlled group status.  This failure resulted in incorrect non-discrimination testing, improper allocation of profit sharing contributions and annual reporting and disclosure errors. Nisen & Elliott, LLC's assistance enabled the client to correct the errors before they became worse and communicate the corrections to the plan participants, protect the qualified tax status of the retirement plan using the IRS's approved EPCRS correction program and fix reporting errors on the plan to limit late filing penalties.
  • November 12, 2014
    The 2014 Edition of the National Lease Advertisement Review is now available for distribution.  This biennial Review is one of the most comprehensive analyses of print and internet motor vehicle lease advertisements.  The two volume set includes the federal and state law analyses of 14 lease advertisements, disclosure checklists and templates, Master Comparison Chart and summaries of federal and state advertising laws.  Many of our clients rely on this comprehensive compliance resource for their national lease advertisements.
  • November 4, 2014
    Nisen & Elliott is representing Credit Union Leasing of America (“CULA”) in connection with the review and development of their motor vehicle lease documents and procedures.  Kenneth Rojc, David Gemperle and Andrew Kriz have been advising the management of CULA , based in San Diego, California on their multi-state lease contract and state-specific lease contracts and procedures.  Nisen & Elliott has also been providing guidance to CULA on the latest federal and state law developments impacting consumer leases originated through credit unions as well as assisting in the creation of innovative lease programs.
  • September 1, 2014
    Nisen & Elliott is representing a captive finance company in connection with the review and development of their motor vehicle lease documents and procedures.  Kenneth Rojc, David Gemperle and Andrew Kriz have been actively involved with the legal, compliance and operation teams of the captive finance company. The lease contracts include a multi-state contract along with state specific variations to be used by the lessor. Specialty leases have also been developed for unique vehicle - specific programs for certain motor vehicles.
  • March, 2014
    Nisen & Elliott, LLC member Thomas McCauley was appointed by Governor Quinn to the Illinois Racing Board.  The appointment recognized Mr. McCauley's decades of experience in representing horse racing tracks in Illinois and other jurisdictions.  He also has represented casino gaming interests and combines his knowledge of general commercial and business law, commercial finance law and real estate law with this sub-specialty to provide overall counseling to clients involved in such businesses.
  • October 2013
    Nisen & Elliott, LLC is representing a major captive finance company in the development of its proprietary consumer lease contracts. The Automotive Finance Group of Kenneth Rojc, David Gemperle and Andrew Kriz have worked with the legal and business teams of such company. The new closed-end consumer lease contracts, including multi-state lease forms and forms designed for use in specific states, were launched in October 2013.
  • February 15, 2013
    Nisen & Elliott is representing Santander Consumer USA Inc. in connection with the launch of Chrysler Capital, the new captive finance company for the Chrysler Group.  The Automotive Finance Group of Kenneth Rojc, David Gemperle, Andrew Kriz, Colleen Lambrecht, Cara Matesi and Debbie Krusen will be assisting with federal and state law compliance matters, business licensing and the review and development of documentation and servicing for Chrysler Capital’s businesses.  The new captive finance company will enable Chrysler and Fiat dealers to provide consumer financing, wholesale floor planning, real estate and commercial loans through Chrysler’s network of 2500 dealers. 
  • February 8, 2012
    Nisen & Elliott is representing Volvo Cars of North America, LLC in connection with its launch of a captive finance arm, Volvo Car Financial Services US, LLC (VCFS).  The Automotive Finance Group of Kenneth Rojc, William Walker, David Gemperle, Andrew Kriz, Colleen Lambrecht and Cara Matesi will be assisting with all facets of federal and state law compliance matters, business licensing and the review and development of documentation and servicing for VCFS’s retail installment sale and lease businesses.  Bank of America will provide the funding and CenterOne Financial Services will provide the servicing for VCFS.  The new captive finance company will enable Volvo Cars of North America, LLC to implement a key initiative in their long term growth plan.
  • December 28, 2010
    Nisen & Elliott is representing TD Bank Group in connection with its announced $6.3 billion acquisition of Chrysler Financial from an affiliate of Cerberus Capital Management , L.P.  The New York law firm of Simpson Thacher is the lead transaction counsel for TD and Nisen & Elliott is assisting with U.S. automotive finance regulatory matters.  Chrysler Financial is an independent financial services company doing business in the United States and Canada, offering retail financing programs in the United States through franchised  automotive dealerships of all brands. The acquisition will give TD a platform for asset generation in the North American automotive lending market, enabling it to significantly grow its consumer loan portfolio. Following this transaction, TD expects to be positioned as a top 5 bank-owned auto lender in the North America.   The acquisition is expected to close in the second quarter of TD’s 2011 fiscal  year, pending regulatory approvals  and satisfaction of other customary closing conditions.  The Nisen & Elliott team included Kenneth Rojc, David Gemperle , Karoline Andris, Colleen Lambrecht and Cara Schlismann.