Restructure equipment finance — keep the gear, fix the payment
Equipment leases, EFAs, and equipment loans across QSR, transportation, manufacturing, construction, and medical. Modifications, surrenders, deficiency negotiation, and personal guarantee defense.
Equipment lessors repossess fast
Equipment finance defaults move faster than other commercial debt. Lessors have UCC-1 filings, repossession rights, and (often) self-help remedies — they can show up at your dock with a tow truck on day 31.
After repossession, the lessor sells the equipment at auction (typically below replacement cost), then sues you for the deficiency plus fees. You lose the operating asset and end up with the debt anyway.
The right play is to engage before repossession: modify, surrender voluntarily on negotiated terms, or restructure the deficiency in advance. Lessors are economically rational — they'd rather hold a paying borrower than a piece of used machinery they have to liquidate.
We work the entire equipment finance stack: true leases, capital leases, EFAs, and equipment loans. The contract type matters because it changes what the lessor can claim, what tax treatment applies, and what defenses are available against a deficiency suit. Most operators don't even know which one they signed.
6 scenarios, opened up
01
Reduce monthly payments, extend terms, or skip-payment structures while retaining the equipment.
- 01Audit contract type (EFA vs. lease)
- 02Build hardship + plan
- 03Negotiate payment / term modification
- 04Execute amended schedule
02
Negotiate a structured return that caps deficiency exposure and avoids repossession costs.
- 01Confirm asset condition + market value
- 02Negotiate surrender terms (no deficiency / capped)
- 03Coordinate equipment return
- 04Document final close-out
03
Lump-sum settlement at end-of-lease or mid-term, often at substantial discount.
- 01Confirm contract type + buyout language
- 02Identify mid-term or end-term buyout
- 03Negotiate lump-sum settlement
- 04Close and release UCC
04
Challenge commercial reasonableness of disposition; reduce or eliminate deficiency claims.
- 01Audit disposition for commercial reasonableness
- 02Demand notice + accounting compliance
- 03Move for deficiency reduction or dismissal
- 04Settle on revised number
05
Defend or negotiate down personal guarantees attached to equipment financing.
- 01Map PG scope across all equipment
- 02Identify defense + negotiation angles
- 03Negotiate cap or release
- 04Document PG resolution
06
Coordinate across multiple lessors when fleet or kitchen-line financing is distressed.
- 01Inventory entire fleet financing
- 02Triage keepers vs. surrenders
- 03Coordinate across multiple lessors
- 04Execute portfolio plan
Equipment lessors will repossess in 31 days and sue you for the deficiency in 90. The same lessor will modify your lease in 14 if you call before that first missed payment. Timing is the entire game.
From
same-day
intake
to
closeout
Most cases hit resolution between months 3 and 6. We move on day one because deadlines don't wait.
30-min confidential call. We pull contracts, balances, and current status of each creditor.
Letter of engagement on file. We open communication with creditors on your behalf, work to pause aggressive collection actions, and help protect your bank accounts.
Our team — and an affiliated attorney from our network when needed — handles every creditor communication. We document everything; you stop fielding calls.
Signed settlement agreements, lien releases where applicable, and a clean path forward for the rebuild.
“Delancey Street walked us through every step. The settlement saved the business — and our credit.”
Equipment Lease Restructure cases in all 50 states
Common questions
Can the lessor really repossess that fast?
Yes. Most equipment finance contracts include self-help repossession rights, and many states permit it without judicial process for commercial collateral. The 30-day default-to-repo window is real. Engage before that clock runs.
I need the equipment to operate. Now what?
Then we're negotiating to keep it. Lessors prefer paid borrowers to repossessed assets — the auction recovery is bad for everyone. We routinely negotiate modifications that keep the equipment in your operation.
What about deficiency after repossession?
Deficiency claims after disposition are very defensible — commercial reasonableness, disposition notice, and accounting are all common challenge points. We often eliminate or substantially reduce post-repo deficiency demands.
I personally guaranteed the lease. Bad?
Standard. PGs on equipment leases are routine and enforceable, but scope and triggers vary. We defend or negotiate them as part of the workout.
Multiple pieces, multiple lessors — coordinated workout?
Yes — common in restaurant and trucking cases. We coordinate across lessors to optimize which assets stay, which surrender, and which buy out, in a single coherent plan.
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