In 2005, Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act (P.L. 109-8). The Act contained two provisions specifically beneficial to the equipment leasing & finance industry: defaults based on non-monetary obligations and changes to the "ordinary course of business" rule.
In the defaults based provision, the Act clarified the debtor-lessee is obligated to perform all non-monetary and monetary obligations 60 days after the order for relief of all monetary/non-monetary obligations pending assumption or rejection of the lease. This is to help ensure constancy in interpretation of bankruptcy courts of section 365(b)(2)(D).
The second beneficial change makes it easier for equipment lessors to satisfy the "ordinary course of business" rule and keep rents paid within 90 days of the debtor-lessee's bankruptcy. Under this Act, if irregular rental payments from the lessee are viewed as coming within the 'ordinary course of business' in the industry then the lessor will be able to keep these payments.