License Title: California Finance Lender Law

Licensing Agency:
Department of Corporations
Financial Services Division

Licensing Agency Contact Information:
Address: 320 West Fourth Street, Suite 750
Los Angeles, CA 90013

Phone Number: (866) 275-2677
Fax Number: (213) 576-7574

E-mail Address: webmaster@corp.ca.gov
Internet Address: www.corp.ca.gov

License Requirements, Fees, and Examination Information:

A finance lender is defined in the law as "any person who is engaged in the business of making consumer loans or making commercial loans." A "Capital Lease" is considered a "commercial loan." A finance lenders license provides the licensee with an exemption from the usury provision of the California Constitution.

Licensed under the law are individuals, partnerships, associations, limited liability companies and corporations. There are a number of "non-loan" transactions, such as bona fide leases, automobile sales finance contracts (Rees-Levering Motor Vehicle Sales and Finance Act) and retail installment sales (Unruh Act), that are not subject to the provisions of the California Finance Lenders Law.

In addition to the lending authority provided by the law, the California Finance Lenders Law provides limited brokering authority. A "broker" is defined in the law as "any person engaged in the business of negotiating or performing any act as broker in connection with loans made by a finance lender." Brokers licensed under this law may only broker loans to lenders that hold a California Finance Lenders license.

1. Fees: Application: $200.00 application fee $100.00 investigation fee for a total of $300.00. Fees are not refundable.

2. Regulatory Examination Frequency: Approximately once every three years

3. Experience Requirement: None

4. Average Time to Process Application: 120 days.

5. The law requires applicants to have and maintain a minimum net worth of at least $25,000 and to obtain and maintain a $25,000 surety bond. In general, principals of the company may not have a criminal history or a history of non-compliance with regulatory requirements.

The California Finance Lenders Law is contained in Division 9 of the California Financial Code, commencing with Section 22000. Effective July 1, 1995, the Personal Property Brokers Law, Consumer Finance Lenders Law, and Commercial Finance Lenders Law were consolidated without substantive change into the California Finance Lenders Law (AB 2885, Chapter 1115, Stats. 1994). The regulations under the California Finance Lenders Law are contained in Chapter 3, Title 10 of the California Code of Regulations, commencing with Section 1404 (10 C.C.R. §1404, et seq.).

Classified Ads---Operations

(These ads are “free” to those seeking employment or looking
to improve their position)

SF Bay Area Contract Administrator. Formerly Documentation /Compliance , Pentech; American National Leasing, VP-Operations. 30 years Experience. Available now. Resume | gbflinn@gmail.com

Acton, MA Strong experience in lease accounting, operations, & systems.   Implemented lease plus, Great Plains, networks. Excellent financial reporting and analysis skills. Looking for new opportunity. LinkedIn alexanderzlenz@gmail.com| Resume

Nampa, Idaho 30 years equipment leasing, credit, collections experience. I want to work for a funding source with the broker/lessor community. Email - Resume

Credit and Collections Manager Seasoned Ops, Broker Development, Credit, Legal, Strategy, P & L Management detail oriented team player seeks position with Small ticket direct lender. Wgriffith61@yahoo.com | Resume

Willing to Relocate Experienced Operations Manager, Broker Development – credit & documentation small ticket specialist – team leader with strong analytical, organizational & management skills – willing to relocate | f.macdonald@comcast.net

Free Posting for those seeking employment in Leasing:
http://www.leasingnews.org/Classified/Jwanted/Jwanted-post.htm

All “free” categories “job wanted” ads:
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

[headlines]
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Leasing News’ April Fool's Edition Reaction

Dwight Galloway to head GE Capital
http://leasingnews.org/archives/Apr2011/4_01.htm#ge

"I have received a dozen congratulatory emails from folks who only read the first few lines."

Dwight Galloway

"Great April fools joke. I was singing Dwight’s praises to beat the band! You got me."

Carl Villella, CLP
President

Steve Crane Completes Kona Ironman World Championship
http://leasingnews.org/archives/Apr2011/4_01.htm#crane

"Love the picture and blurb on Steve Crane today! Congrats to Steve for finishing, and the amazing places his charming sons finished in.

"And of course, the Cranes owe it all to Doug Hatch…

Happy April Fool’s Day, Happy Friday!

Best, Lindsey

Lindsey J. McLorg
Portfolio Collections | Equipment Finance Division
Bank of the West

Lease Police Sold to Paynet
http://leasingnews.org/archives/Apr2011/4_01.htm#sold

"After last night, I don’t want the job!"

Bernie Boettigheimer, CLP
President
Lease Police, Inc.

Leasing News April Fool’s Edition
http://leasingnews.org/archives/Apr2011/4_01.htm

[headlines]
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Dwight Galloway, Archive April 2, 2002

“We are thrilled that the acquisition of our parent, RBMG, by NetBank is now complete! For the first time since 1994, Republic Leasing Company will not have to use securitization to finance the portfolio because the Bank will provide a more reliable and lower cost of funds. Having known and worked with NetBank since its inception, we were not surprised to learn that they want us to “continue doing business in the same manner” as we have for 14 years.

“Our business model will remain the same: provide lease brokers with a consistent, reliable funding source that bases its decisions on the lessee’s credit (not collateral) and holds and services all the resulting small to lower middle market leases. Because we do not use automated scoring, and because we want to offer good rates for good credits, we will continue to require efficiency in our broker relationships. We prize brokers of any size who know their deals and who value their funding relationships enough to send applications that meet our credit parameters. Contrary to many funders (or former funders), we have no minimum volume requirements, just minimum efficiency standards.

“Although the lower cost of funds will allow Republic to better meet the needs of broker-lessors with unique programs or market niches, our main focus will remain the experienced broker, regardless of size, with whom we can develop a mutual trust. Whether its one deal a quarter or one deal per hour, we will continue to require good approval and closing ratios. Our present rate of applications is higher than at any time in our history and in order to maintain good service to our efficient brokers, we will continue the practice of eliminating the most inefficient.

“No source contributes more than 4% of our volume. We look to quality brokers and not how much they send us, but what we approve and what they sign. Barry Reitman is an excellent example. His approval and sign rate is very high.

“We are inundated with applications due to the demise of so many funding sources. We cannot give them the attention they are due as we don’t use credit scoring or any tricks, but look at each transaction as an individual application.

“With our new cost of funds, we will expand from our $15,000 marketplace into the $350,000 arena. What we need now are marketing managers to help us find the experienced broker that we can give our full attention to, as our cost of funds gives a better opportunity to establish professional relationships.

“We want to look at every deal, understand it. Our parent company does all their business through third parties. They understand our market place. I have never been so thrilled in the leasing business since 1994. Charles Randall and I are really looking forward to 2002 and the opportunities NetBank has given to us.”

Dwight Galloway

“(Leasing News has invited Dwight Galloway to appear on ‘Meet the Leasing News Maker.’ )”

Note: Leasing News had on line chat forums with funding sources and other "newsmakers" for several years.

[headlines]
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Leasing 102
by Mr. Terry Winders, CLP

Where do We Document Equipment Cost?

Over the past ten years or so I have seen more and more Lessors that are not familiar with proper leasing procedures, particularly when they place the equipment cost in the lease agreement. First, it is not necessary. It also takes away some of the advantages of leasing at the same time.

Please remember a “lease” is for the “use” of equipment over time--- that is unless you offer a bargain purchase option. By putting the equipment cost in the lease agreement you take away the lessee’s ability to place the transaction on the books at their incremental bowering rate (IBR). The IBR is usually a lot cheaper than your implicit rate. It also may affect your claim in picking up the equipment in a bankruptcy or court dispute as defining the transactions as a “finance.” They also may not want to divulge their “buy rate” and use their “internal rate.”

From an accounting standpoint, the lessee is required to discount the rent stream at their IBR--- if they do not have the equipment cost. Let’s say you have a 12% rate and the lessee has a 9% IBR. If you place the equipment cost in the lease agreement the lessee is compelled to use it and subtract it from the total rent to determine the interest that will be charged over the lease term. Your rate of 12% is clearly evident. On the other hand, if you do not place the equipment cost in the lease agreement the lessee is required to discount the rent stream at their IBR of 9%. This will be reflected as a 9% cost of money when determining the interest to be charged over the term of the lease in the income statement. The lessee generally would prefer to show the world that their cost of money was 9% instead of 12%. You take this away by placing the equipment cost in the lease agreement.

Current “Capital Lease” treatment, and also with the purposed accounting changes, the net present value of the rental stream will be placed on the balance sheet as a leased asset and an equal amount as a lease liability. Then it will come off the balance sheet in a straight line amortized amount over one of two terms:

(A) If the purchase option is a bargain, then the amortized amount will be placed over the normal depreciation term as if the lessee was purchasing the asset.

2. If the purchase option is not a bargain then the term of the amortizing will be restricted to the lease term. This is very important when the book depreciation term is longer than the lessee plans to use the equipment.

One of the advantages of a lease is the ability to restrict the amortization, of the equipment cost, to the actual term of “use”. Even thought the lease must go on the balance sheet (currently and with the purposed accounting changes), we can still allow the lessee to restrict the term of the expense by not providing a bargain purchase option and by not placing the equipment cost in the lease agreement. This way their cost of leasing will always be equal to their average debt cost (IBR) and our additional rate gets lost in the amortization.

By tying the actual term of the lease to the term of their use, and using our ability for an any month term that ends when the lessee wants it to ---and creating irregular rents to match the lessee’s cash flow requirements, we still have a lot of advantages to sell-- if we get away from bargain options and placing the equipment cost on the lease agreement like an conditional sales agreement.

Don’t put the equipment cost in the lease agreement!

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty-five years and can be reached at leaseconsulting@msn.com or 502-649-0448

He invites your questions and queries.

Previous #102 Columns:
http://www.leasingnews.org/Conscious-Top%20Stories/Leasing_102/Index.htm

(This ad is a “trade” for the writing of this column. Opinions
contained in the column are those of Mr. Terry Winders, CLP)

[headlines]
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Bank Beat---Raising checking account fees

Many banks have plans when you maintain a certain balance or put money into a savings account, fees are reduced or the savings account fee is waived. When branches are taken over by new banks, the current checks are valid, usually 90 days, but new checks and cards will need to be issued. Often fees are less for those who remain, sometimes they are the same, and depending on the account, they may be raised.

The National Foundation for Credit Counseling conducted a March poll asking what would happen if their bank raised the fees on their checking accounts:

• 51%---Shop for another Bank

• 16%---Complaining to them

• 16%---Probably not notice

• 11%---Grin and bear it

• 6%--Close my account and being using a pre-paid debt card

The question on how many are paying bills on line was not asked, nor would they increase this, as often "on line" statements are less than paper.

Gail Cunningham, spokesperson for the National Foundation for Credit Counseling said, "Money is still tight in many households, with consumers watching how every penny is spent, including even seemingly small amounts such as bank fees.”

It may be that consumers say one thing, but don’t always do what they complain about.

Businesses have the same problem with increasing fees, but it is more cumbersome to move bank accounts and procedures, particularly if convenience of making deposits or personal or business loans are at the bank. In a manner, they are held more captive than consumers.

While many of the community banks look forward to keeping the new branches acquired from banks that failed, the larger banks have been in a cost cutting mode, such as Bank of America who said it would closed 43 branches in the first quarter of this year and made plans to close 68 "more underperforming branch offices" in the second quarter, including one in seven in North Carolina, including its current hometown of Charlotte.

The BofA closers appear to be in states where business and consumer business is declining due to the economy of the area, such as Michigan and New Jersey, according to the notices that were filed with the regulatory authorities.

BofA operated 6,011 branches at the end of 2009. By the end of 2014, the bank expects to have 5,345 branches operating.

Bank failures from January, 2008 to March, 2011 were 348; 123 branches in 2011; heaviest hit in the declining economic areas.

It is expensive to keep “brick buildings,” thus moves to shopping centers and supermarkets, as one of the goals is to attract deposits, but if branches are to stay open in areas that are not seeing growth, fees will have to increase to pay for the operating costs as competition for good customers is quite keen, while poorer customers may be more expensive to service.

Tracking Bank Failures Map:
http://graphicsweb.wsj.com/documents/Failed-US-Banks.html

List of Bank Failures:
http://www.fdic.gov/bank/individual/failed/banklist.html

Bank Beat:
http://www.leasingnews.org/Conscious-Top%20Stories/Bank_Beat.htm

Comprehensive personal property tax outsourcing services We accept file exports and integrate personal property tax information with all lease management or accounting software. No other firm offers the combination of individual attention, software capabilities expertise, "full disclosure" and web port accessibility to information more than we do. Click here to learn what our clients say about our service Gary DiLillo, President 216-658-5618 or gary@avptc.com

Top Stories---March 28--April 1

Here are the top ten stories opened by readers:

(1) Dwight Galloway to head GE Capital
http://leasingnews.org/archives/Apr2011/4_01.htm#ge

(2) ELFA Says “No More Evergreen Leases”
http://leasingnews.org/archives/Apr2011/4_01.htm#elfa

(3) Player has his Mercedes repossessed, Schwartz gets 3 more
months for plea negotiation, IFC Credit partial settlement?
http://leasingnews.org/archives/Mar2011/3_28.htm#repo

(4) US Bank Manifest More Cut Offs
http://leasingnews.org/archives/Apr2011/4_01.htm#usbm

(5) Leasing News Statement on AdvanceMe, Inc.
http://leasingnews.org/archives/Mar2011/3_30.htm#statement

(6) Crit DeMent Resigns LEAF, joins Monastery
http://leasingnews.org/archives/Apr2011/4_01.htm#leaf

(7) The Story behind Capital Access Network---AdvanceMe
http://leasingnews.org/archives/Mar2011/3_28.htm#story

(8) AdvanceMe not a Leasing Funder
Archive--March 28, 2007
http://leasingnews.org/archives/Mar2011/3_28.htm#archive

(9) Leasing 102 by Mr. Terry Winders, CLP
Residual Assumptions
http://leasingnews.org/archives/Mar2011/3_28.htm#assumptions

(10) John Otto Story in Courthouse News Service
http://www.courthousenews.com/2011/03/29/35333.htm

(not counted in top ten due to technical reasons)
AdvanceMe to Settle $23.4 MM—Not Licensed In California

Top Stories Collection:
http://www.leasingnews.org/Conscious-Top%20Stories/Ten_top_stories.htm

John Kenny Receivables Management www.jrkrmdirect.com • End of Lease Negotiations & Enforcement • Fraud Investigation • Credit Investigations • Asset Searches • Skip-tracing • Third-party Commercial Collections The Solution to Your Credit & Accounts Receivable Needs John Kenny 315-866-1167 |  John@jkrmdirect.com

(Leasing News provides this ad as a trade for investigations
and background information provided by John Kenny)

[headlines]
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Leasing Industry Help Wanted

High Compensation to High Achievers Leasing Subsidiary of a National Bank Holding Company looking for experienced professionals (10+ years of experience in commercial finance industry) who can originate a volume of bank-qualified credits (primarily SEC reporting companies). Average transaction size from $1-20MM. Enjoy private office in our Southern California location. We offer excellent commission with a draw. Send resume in strictest confidence to: rose.jones98@yahoo.com

Syndication Manager Rancho Cucamonga, CA Knowledge of transportation industry a plus, but not required. Compensation commensurate with experience contact: wdalton@crlease.com We can finance or lease any make or model of truck, bus, or equipment

Marketing Genius Riverside, California Create, Design, Coordinate convention/trade shows marketing calls, remarketing assets/website Send resume: Dreynolds@a-zresources.com www.a-zresources.com A-Z Resources captive affiliate to a major business distributor founded in 1975, join our staff, generating over $120 million in combined sales.

Documentation Administrator Los Angeles, CA Mininum two years experience, competitive salary, plus benefits, click here for more information www.julesandassociates.com Jules and Associates, Inc. has been in business for over 20 years.

Please see our Job Wanted section for possible new employees.

Leasing Association 2011 Conferences

April 7-April 9, 2010
Annual Conference
National Association of Equipment Leasing Brokers
Hilton Austin
500 East 4th Street
Austin, TX 78701

President's Message from Sonia v.M.Stoddard, BPB
(NAELB Best Practices Broker)
PDF

Registration Brochure
PDF

Registration Form
PDF

Hotel Reservations
http://www.hilton.com/en/hi/groups/personalized/AUSCVHH-ELB-20110407/index.jhtml

Broker-member	$575
Broker-non-member	$675
Add. mem. broker	$525
Add. NonMem. brk	$625
Funder/Assoc. Mem.	$725
Funder/Assoc. NMem.	$825
Add. Fund. Mem.	$875
Add. Fun. nMem.	$775
Spouse/Guest-mem	$300
Spouse/Gu.Non-M.	$325
Open Recep only	$100
Closing Recep. only	$75

Exhibitors to Date (as of March 11):
360 Equipment Finance
ACC Contract Finance
Affiliated Investment Group
Allegiant Partners Incorporated
AmeriMerchant
Amerisource Funding, Inc.
Axis Capital, Inc.
Bankers Capital
Baystone Financial Group
CFC Investment Company
Collateral Specialists, Inc.
Corelogic Credco (at the NAELB Member Benefits booth)
Dakota Financial, LLC
Diversified Lenders Inc
Equipment Lessors Protection Association
Financial Pacific Leasing, LLC
GRP Funding, LLC
HSW Financial Recovery, LLC
Inspection Services
instaCOVER
LeaseInspection.com
Marquette Equipment Finance
Maxim Commercial Capital LLC
Mesa Leasing, Inc.
MicroBilt Corporation
Pawnee Leasing Corporation
Preferred Business Solutions
Quail Capital Corp.
Quiktrak, Inc.
TEAM Funding Solutions
Tetra Financial Group
TimePayment Corporation
Varilease Finance

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April 12--April 14
Equipment Leasing and Finance Association
23rd Annual National Funding Conference
Fairmont Hotel
Chicago, Illinois

Event Schedule and Exhibit Information:
http://www.elfaonline.org/pub/events/2011/NFE/NFE11_ExhibBrochure.pdf

 

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May 4-6, 2001
Grand Hyatt Hotel, Buckhead
Atlanta, Georgia

Contact:
Everett H. Walker, Chairman
1449 Green Hill Road
Blowing Rock, NC 28605
everetthwalker@gmail.com
(828) 295-4377

"The National Funding Association is the premier financial networking organization in the country. Founded in 1991, the NFA has been networking financials professionals across America, and with nine chapters serving twelve metropolitan areas, the NFA continues to grow and expand! Our members include asset based lenders, factors, investment bankers, attorneys, CPA's, bankers, consultants, brokers, and other financial professionals."

"The NFA conference kicks off on Wednesday, May 4 with a Golf Tournament at a noted Atlanta area course. An opening reception starts the evening’s festivities from 6:00 to 8:00 PM! Following his presentation are attendee sponsored receptions and hospitality rooms."

"On Thursday, May 5, the conference formally begins with an opening session at 8:30 AM, with a welcome by Atlanta Mayor Kasim Reed, followed by a day long line-up of prominent speakers, including a luncheon, a networking exhibit hall, evening reception, and a banquet with an entertaining dinner speaker."

Our presenters include:
Dennis Lockhart, President, Federal Reserve Bank of Atlanta
Hon. Nathan Deal, Governor of the State of Georgia
Richard Hastings, Global Hunter Securities, Speaker, Author, Retail Economic Expert
Atlanta Mayor Kasim Reed
Kenneth Marks, High Rock Partners
Rob Slee, Robertson & Foley Investment Bankers
Charles Green, Speaker and Author
Nancy Halwig, UPS Capital, leading a panel discussion on the State of the Lending Industry

Member after February 15	$375.00
Non-Member After February 15	$475.00
Member After April 15	$450.00
Non-Member After April 15	$550.00

---

Keynote Speaker will be Beth Ann Bovino
Senior Economist at Standard & Poor’s.

Members register here:
http://secure.aglf.org/core/events/events.aspx

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May 11-May 13
National Vehicle Leasing Association
The Allerton Hotel on Magnificent Mile
Chicago, Illinois

Members (before March 16) $495
each additional $395
Non-Members (before March 16 $625
(each additional $595)

After March 16th-Members $595
After March 16th-Non-Members $895

More Information:
http://www.nvla.org/Events/AnnualConference.aspx

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September 15-17
Minneapolis, Minnesota

---

September 16-17
Atlanta, Georgia

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October 23-25
Equipment Leasing and Financial Association
50th Annual Convention
JW Marriott Hill Country
San Antonio, Texas

---

November 11-12
Costa Mesa, California

-------------------------------------------------------------------

To view Leasing Association Events-Meetings Open to All, please click here.

Repossession Fails. Who's Liable for the Debt?

by Ann Morales Olazábal, MBA JD

(Reprinted with permission)
Credit Today
www.creditToday.net

Ace Restaurant Supply's sale of a heavy duty commercial range, two 55" pass-through refrigerator units, and a 1,500 pound ice maker was to Orville Enterprises, which operated The Daybreak Café. But Ace Credit Manager Tom Wilson insisted that the café's owners, Janeann and Peter Orville personally guarantee payment of all outstanding amounts owed to Ace by Orville Enterprises.

Within six months, the restaurant began to flounder. Payments became irregular, and when the Orvilles finally decided they couldn't make the venture work, they called Tom to make arrangements to return the equipment pursuant to the terms of the parties' Credit Agreement. Rather than schedule a pick-up, however, Tom scheduled an onsite inspection of the equipment first, according to their usual procedure for repossession.

But Ace's representative found the premises padlocked when he arrived to make the inspection. And when Tom reached the Orvilles by phone, they claimed the landlord had changed the locks and there was "nothing they could do."

Tom then called Jason Monfort, the Orville's landlord, and found he wasn't prepared to help either. Monfort had removed the equipment, he explained, and sold it in partial satisfaction of his landlord's lien. And right now he was busy making improvements for a new tenant.

Worse yet, Tom then received a letter from the Orvilles claiming they were entitled to a credit equal to the value of the equipment ($14,000) because Ace had failed to repossess the equipment when it had the opportunity.

They also claim that if they had known Ace wouldn't repossess the equipment on the date scheduled, they would have arranged removal themselves and auctioned it off to repay at least a part of the more than $26,000 debt.

Tom's reply is that they owe $26,127 together with accruing interest, that Ace had no obligation to repossess the collateral to reduce the amount owed by Orville Enterprises, and that it was the Orvilles' responsibility to safeguard the equipment at all times.

Who's right?

Answer: Ace is probably entitled to its claim, but without detailed records this could still be a mess in court.

Key Concepts in this Case

• Article 9 of the Uniform Commercial Code (UCC) - This is the section of the UCC that governs the rights and obligations of parties involved in secured transactions.

• Detailed and Clear Records - Clear and detailed records, in either paper or electronic format, of the substance of all communications with debtors should always be kept. This may end up being your best defense against a nuisance suit.

It would appear that the Orvilles are arguing that Ace has forfeited its right to pursue a court judgment against them as guarantors of Orville Enterprises' debt.

Article 9 of the Uniform Commercial Code defines the rights and obligations of parties to secured transactions such as this one.

That portion of the Code specifically provides that a creditor can pursue its legal remedies -- including foreclosure or initiation of suit to reduce its claim to judgment -- against a defaulting debtor simultaneously.

This is universally understood to mean that the creditor does not have to elect one remedy and pursue it to the exclusion of other remedies. Thus, there is no legal support for any related claim that the creditor must repossess or foreclose against the collateral before suing the debtor for repayment of the debt.

Of course, this general rule is supported by a corollary to the effect that while remedies are cumulative as described, no creditor can combine them to obtain double recovery. This would only happen where the creditor has both repossessed the collateral and sought a judgment for the full amount of the debt.

Article 9 requires the creditor to act in good faith when disposing of collateral it has repossessed. That provision is inapplicable here because Ace either chose to, or by default, failed to repossess the equipment.

The Good Faith Obligation

But there is also an obligation inherent in all commercial dealings to act in good faith. It is this more general duty that could arguably give rise to some sort of liability for Ace. It is possible a plausible claim in the nature of setoff might be asserted if Ace promised to collect the equipment on a particular date and time, and either its negligence, or that of its agent, enabled the landlord to abscond with the equipment.

Perhaps repossession of the equipment would have been the best option for Ace here. But it had no obligation to repossess and certainly not on the debtor's precise schedule. Given the limited window between notice of the debtor's desire to peacefully hand over the collateral and the landlord's exercise of its possessory rights over the leased premises, it simply may not have been possible for Ace to collect the collateral.

Log All Communications With Debtors

In any event, a clear hard-copy log or file of the substance of all communications with debtors should always be kept. Such a record will be most useful later on in just this type of case. Even where there is a clear and written obligation imposed upon the purchaser to maintain the equipment safe and available at all times for inspection by the creditor, it is nonetheless possible for a desperate debtor to make an after-the-fact claim of promises not kept by the seller or lender.

This is often the "stuff" of litigation, and it can be quite expensive to defend against. Worse yet, particularly in a down economy, some courts may be inclined to be sympathetic to the "little guy" who appears to have done his utmost to make a small business work.

Ann Morales Olazábal, MBAJ D, Associate Professor of Business Law at the University of Miami School of Business Administration is Credit Today's Legal Editor. She can be reached at Ann@CreditToday.net

Subscribe to Creditoday.net (magazine and web site articles)
https://www.credittoday.net/public/5.cfm

Columbia, South Carolina---Adopt a Cat

Saluda
Siamese / Russian Blue / Mixed (short coat)
Female (spayed)
Young: Small
Adoption Fee: $40.00
Species: Cat
General Color: Gray, Blue or Silver Tabby
Current Age: 3 Years 11 Months (best estimate)
Location: Columbia SC (803) 622-9813
Declawed: No
Housetrained: Yes
Owner Experience Needed: None
Reaction to New People: Friendly

“Saluda is one cute cross-eyed kitty! You can usually find Saluda where the people are and she is a talker. She loves to have her chin and face rubbed and she comes running when she hears the bag of cat Greenies opening. She gets along with other cats and uses the scratching post and litter box perfectly. Please contact Saluda's foster mom at jsqbaum@yahoo.com if you would like more info on her.”

Cullen's Archangel Rescue
Columbia, SC 29290
(803) 622-9813
caretoadopt@gmail.com
http://www.caretoadopt.org

Columbia, South Carolina-- Adopt-a-Dog

Mozard
Saint Bernard (Medium Coat)
Male (Neutered)
General Color: Tricolor (Tan/Brown & Black & White)
Color: Tricolor / Tricolor
Ear Type: Droopy
Tail Type: Long
Current Size: 102 Pounds
Current Age: 7 Years 11 Months (best estimate)
Location: Swansea SC (803) 730-7414
Fence Required: No
Housetrained: Yes
Exercise Needs: Low
Grooming Needs: Moderate
Shedding Amount: Moderate
Owner Experience Needed: None
Adoption Fee: $75.00

“Good with Dogs, Not Good with Cats, Good with Older/Considerate Kids Only, Good with Adults, Good for Seniors/Elderly, Does not require a yard, Drools, Apartment OK, Prefers cool climate.”

“Mozart is a handsome Senior Saint who doesn't ask for much. Take him for a quick walk or let him out in a fenced in back yard to explore for a bit, and then he's ready to head back to a comfy spot on the couch. He is easy to please. He also loves to go for car rides. Saints prefer cooler climates, so Mozart requests that his new home has a fan with his name on it to lie in front of and eat milk bones, so he can enjoy his retirement in style.

“Mo deserves to be pampered in his twilight years. He was neglected by his previous owners, and then abandoned. He is heartworm positive. CARE is treating him for the heartworms at no extra cost to his adopter.”

To read more about Mozart's story, or to sponsor his medical care, please check out his fundraising page found here: http://cullensarchangelrescue.chipin.com/mozart

All dogs receive a distemper/parvovirus vaccine(s), kennel cough vaccine, rabies vaccine, dewormer, monthly heartworm prevention, microchip, and are spayed/neutered through CARE.

More about Mozart
Cullen's Archangel Rescue
Columbia, SC 29290
(803) 622-9813
caretoadopt@gmail.com
http://www.caretoadopt.org

Adopt-a-Pet by Leasing Co. State/City
http://www.leasingnews.org/Conscious-Top%20Stories/Adopt_Pet.htm

Adopt a Pet
http://www.adoptapet.com/

 

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(Providing Services and Products)

Accounting / Aircraft / Appraisals Asset/Recovery & Collections Asset Management Back Office Collector / Collections / Consultant / Communications Credit Finance / Human Resources/ Info Systems Investigator Job Search

Lease Portfolio / Legal Marketing Operations / Remarketing / Repossessions Re-Seller / Sales Signing Service / Site Inspection Software Training Verification Syndicator Web Sites

Accounting / Aircraft / Appraisals

Appraisals: Boston, MA Nationwide appraisals, remarketing, audits, inspections and more! Over 15-years industry experience and dedicated to deliver personal, prompt, professional services. Call Chris @ 508-785-1277. Email:chris@dovermanagementgroup.com	Appraisals: National Equipment Appraisal prepares Certified Machinery and Equipment Appraisals. IRS qualified, USPAP Compliant. Nationwide - fast turnaround. Visit www.nationalequipmentappraisal.com or call 714-282-1525.”
Accounting: Dallas, TX Provide cost effective Sales and Use Tax and Property Tax consulting and administration Services to the leasing industry. Many leasing industry referrals available. E-mail: mattm@osgsolutions.com	Accounting: National Property Tax Compliance Services to the leasing industry. Over 60-years experience and fifty Lessors as clients. References and free quotes available, (216) 658-5618, E-mail gary@avptc.com
Aircraft Delivery: Seattle, WA Global Aircraft Delivery ferries all types of aircraft all over the world. We are a unique ferry company moving your aircraft with our expert turnkey operation. www.globalaircraftdelivery.com E-mail:info@globalaircraftdelivery.com	Asset Management: Canada Cease Bailiff Services Incorporated: Asset Investigation/Tracing; Asset Recoveries; Asset Protection/Security Asset Liquidations/Sales; Ottawa, Canada; www.ceasebailiff.ca dave@ceasebailiff.ca; Phone 613 898 7376 ; Fax 613 225 2452
Asset/Recovery & Collections: Charlotte, NC IRTC Continencies: Commercial Collections-Skip Trace- Repossessions-judgment enforcement-Investigations- Asset Re-marketing& No Cost Warehousing East Coast USA. Call 336-877-3077 ask for Robert or E-mail to Robert@mbsfinancial.com	Nationwide Seasoned and fair priced workforce is at your service for all lease collections, repossessions, and asset liquidations, appraisals.  Call Nassau Asset Management 800-462-7728   dcastagna@nasset.com
Asset/Recovery: NorthWest Sequent provides collateral recovery, remarketing, and storage services to lenders with assets located in the greater Pacific Northwest. Professional services at reasonable pricing. Contact rossr@sequentam.com	Asset Marketing/Recovery: Remarking solutions for big rigs assets and trucking related companies including collections, recovery, repair and re-sales. North South Leasing cell # 586-909-8797 bob@nsleasing.com

 

Asset Management

Asset Management: Atlanta, GA premier provide accounts receivable management functions from 3rd Party contingency collections to Portfolio Purchasing. Contact George Elliott, National Account Manager. 678-694-9063, www.westassetmanagement.com	Asset Management: Boston, MA Nationwide appraisals, remarketing, audits, inspections and more! Over 15-years industry experience and dedicated to deliver personal, prompt, professional services. Call Chris @ 508-785-1277. Email:chris@dovermanagementgroup.com
Asset Management: Minneapolis, MN NetSentric provides services to leasing companies: Inspection, Appraisals, Auditing, Warehousing, Repossession, Asset Management, Repairs, Remarketing and Field Service for Electronics and Computing Technology. Email: jcahill@netsentricinc.com	Asset Management: Monroe, NC Recover a greater return on your investment.  We specialize in the woodworking, pallet, sawmill and forestry industries.  Carolinamachinerysales.com/ Melinda Meier (704)288-1904 x103
Asset Management: Nationwide BUYER/LENDER BEWARE. Don't sign anything until Collateral Verifications Inc. goes onsite, knocks on the door and gets the facts. http://www.i-collateral.com Email: mark@i-collateral.com	Nationwide Seasoned and fair priced workforce is at your service for all lease collections, repossessions, and asset liquidations, appraisals.  Call Nassau Asset Management 800-462-7728   dcastagna@nasset.com
Asset Management: NorthWest Sequent provides collateral recovery, remarketing, and storage services to lenders with assets located in the greater Pacific Northwest. Professional services at reasonable pricing. Contact rossr@sequentam.com	Asset Management: Orange City, FL We help Lessors Liquidate un-wanted Assets valued at $750,000+. It's an effective method of Liquidating Assets such as Jets, Planes, Helicopters, Freighters, etc. Eric R. Sanders Tel  386-789-9441 www.ValuedAssetSales.com www.The-RandolphCapital.com EQPMNTLEASING@aol.com
Asset Storage/Re-Marketing: Ohio & surrounding states. Providing no cost warehousing, condition reports, digital photos and remarketing of off-lease forklifts & industrial equipment. NAFTA wide dealer network. Email to GCochran@OhioLift.com
Asset Management: South East US- AllState Asset Management Recovery, remarketing, inspections. 25 years experience, dedicated to deliver, prompt, professional services. Call Brian @ 704-671-2376. brian.buchanan@allstateassetmgmt.com	Asset Management: Global Specializing in Semiconductor and Electronic Test Equipment collateral. Lender services include Consignment Sales, Remarketing, Portfolio Purchases, Inspections, De-installation, Repairs and Warehousing. www.testequipmentconnection.com mnovello@testequipmentconnection.com
Bulldog Asset Management provides recovery and remarketing services with a difference. Contingent repos, free storage and industry experts to remarket. Email: jeff@buybulldog.com www.buybulldog.com

 

Back Office

Back Office: Atlanta, GA Let Tax Partners handle your sales and use tax compliance duties w/less risk and cost than in-house. Largest tax compliance firm in US E-mail:sales@taxpartners.com	Backoffice: Dallas, TX Property Tax and sales and use tax administration services performance is guaranteed and we will save you time and money or our service is free. E-mail: info@osgsolutions.com
Back Office: Laughlin, NV 20 years experience on funder/broker sides. Looking for a relationship where I act as credit shop for smaller brokers when financial statements are involved. E-mail:batarista@laughlin.net	Backoffice: New Rochelle, NY Proactive management/administration of commercial/consumer vehicle lease/finance portfolios covering insurance, titles, registrations, sales/property taxes, tickets, collections, accounting, vehicle disposition. Since 1975 E-mail: Barrett@BarrettCapital.com
Back Office: Northbrook, IL Our staff of CPA's and lease professionals can handle any or all portfolio responsibilities incl. portfolio mgmt, invoicing, sales/property/income tax, accounting, etc. 800-826-7070 E-mail: ngeary@ecsfinancial.com	Back Office: San Rafael, CA We can run your back office from origination to final payoff. 30 years experience in commercial equipment lease and loan portfolio management. E-mail:gmartinez@phxa.com
Back Office - Portland, OR Keep more of your hard-earned commissions! Middle-Market, Small-Ticket for brokers, nationwide, 20+years experience, negotiable splits. Contact us for more information at (888)745-9481 or bev@alliedpacific.net	Back Office -Portland Portfolio Financial Servicing Company is a leading provider of private label primary and backup servicing for lease and loan contracts.  800-547-4905 sales@pfsc.com
Back Office: National Property Tax Compliance Services to the leasing industry. Over 60-years experience and fifty Lessors as clients. References and free quotes available, (216) 658-5618, E-mail gary@avptc.com	Back Office – National Spending too much time on processing credit applications, preparing lease documents and other administrative tasks and not enough time marketing and growing your business? Call us! 407.964.1232 dee@leasebrokerassistant.com
	Back Office: Gig Harbor, WA Orion First Financial provides comprehensive lease/loan account servicing, collection/workout solutions and strategic advisory services. Contact David T. Schaefer 253-857-9610 dtschaefer@orionfirst.com

 

Collector / Collections / Consultant / Communications

Collector: Atlanta, GA Asset Recovery Specialist. We get your money or we get your > equipment back for you. Physical Asset Recovery Experts! E-mail: mcrouse911@joimail.com	Collector: Cleveland, OH Huntley Capital & Associates is your solution to late payments, no payments, and asset recovery. Call 216-337-7075. Email: ghpatey@msn.com
Collections: Dallas, Texas Contingency Fee basis. Receivables Outsourcing. We are a fully bonded nationwide licensed agency. We collect for nationally known banks and leasing companies. 800-886-8088.	Collector: Los Angeles, CA Expert skiptracers covering Southern California. We locate skips, judgment debtors and collateral. When you can't get the job done in house, give us a call at 1-800-778-0794. E-mail: ceo@interagencyLA.com
Collector: Louisville, KY We are a full service collection agency with attorney network. 21 years experience. Please call Jon Floyd, VP at 1-800-264-6850 email: jfloyd@collectcsg.com	Collector: Louisville, KY Euler Hermes/UMA 92 year old Global Receivables Outsourcing. Presence in 143 Countries. Work w/ 4 out of 5 Fortune 500 firms. Contingency Fee Structure. 20% off first time clients.! Andrew.Newton@eulerhermes.com 1-800-237-9386 x 205.
Collector: Mandeville, MI International commercial collection services all fees are on contingency on line access. E-mail: rmelerine@collect-now.com www.drspay.com www.collect-now.com	Collector: Milwaukee, WI We specialize in ATM machine reposession and remarketing. We can get you top dollar for your inventory. E-mail: bdperry1@yahoo.com
Collector: Nationwide End of lease negotiations & enforcement. Third-party collections. Skip-tracing. Background checks. Credit & asset investigations. 15+ years in leasing industry. Providing services to clients nationwide. 800-824-0234 johnkenny2@verizon.net	Collector: Saint Louis, MO Complete commercial collection agency. Licensed bonded in all states and will out performed any other agency! Call 1-800-659-7199 ext.315 E-mail: jfloyd@lindquistandtrudeau.com
	Consultant: Burlington, CT We provide our clients with a full range of consulting services such as portfolio conversions, reconciliation, custom programming and leasing operations utilizing InfoLease. Email: info@new-millennium-assoc.com
Consultant: Europe 15 years doing deals/running own technology leasing company – looking to advise/ lead new entrants to take advantage the European market opportunity. www.clearcape.co.uk or  kevin.kennedy@clearcape.co.uk	Consultant: Henderson, NV Focus on new business development and process efficiencies to create incremental revenue and profitability. Executive level vendor experience, and satisfied outsourcing clients. Incredible track record. E-mail: rbutzek@cox.net
Consultant: Sausalito, CA Lease trainer and consultant. 38 years in equipment leasing. Expert in transaction analysis, financial statement analysis, credit, packaging, structuring. Presents highly popular classes and workshops. E-mail:BoTei@aol.com	Consultant: North of Detroit, MI INFOLEASE EXPERT - 18 years experience. Since being downsized in 2002, working as a consultant for several leasing companies. Seeking consulting projects nationwide. E-mail: darwint@prodigy.net
Consultant: Ridgefield CT. Lisa Lersner w/20 years exp. specializing in leasing technology now providinglessor selection andmanagement services, includingthe securing of debt and equity and acquisition guidance services. Email: LLersner@leasefinanceconsulting.com Go to www.leasefinanceconsulting.com	Communications: Chassell, MI Cartoons on business, finance & computers. Use for your presentations, website, newletter, direct mail projects etc. Fees are negotiable. Email: dan@danscartoons.com Go to http://www.danscartoons.com

 

Credit

IRS Retrieve/verify a corporation and personal tax information (1040, 1120, 1065) electronically directly from the source. Results delivered in 24-48 hours. 678-393-1988 Scott or sscher@recruitscreen.com

 

Finance / Human Resources

Finance: Chicago, IL Experienced in big ticket origination, syndication, valuation and workout. Twenty five years, MBA, CPA, JD, LLM (Tax), structuring specialist. Inbound and outbound transactions. Email:pal108381@comcast.net Transaction Summary | The Lechner Group Website: www.tlgattorneycpa.com	Finance: Naperville, IL Your guide to the right questions and answers in finance. Expert in capital raising, GAAP, acquisitions, lease economics. CPA. MBA. E-mail: m.willow@ameritech.net
Finance: Charlotte, NC 15 Years of Equipment Leasing Experience and Recruiting with Business Aviation niche. Visit us at www.turningpointgrp.com E-mail: info@turningpointgrp.com	Human Resource Consultant: New York, NY Employee Relations, Recruiting, Benefits, employee customer surveys, plus payroll administration "ON-LINE" services-- AND IN PERSON at your location Please visit: www.adviceonhr.com
Information System: North Detroit, MI INFOLEASE EXPERT - 18 years experience.  Since being downsized in 2002, working as a consultant for several leasing companies. Seeking consulting projects nationwide. email: darwint@prodigy.net	Finance: New York, NY “Think Outside the Bank”. Barrett Capital is a merchant banking and consulting firm, specializing in asset based financing: equipment, vehicles, receivables and real estate. Email: bkorn@barrettcapital.com Web: www.barrettcapital.com

 

Investigator

Los Angeles - Licensed Private Investigators, specializing Collateral Recovery Field Investigation for the Lending industry since 1998 - Our clients include Banks, Credit Unions, Automotive and Equipment Lenders. JohnHarmonPI@aol.com

Collections, Investigations & Asset Recovery Midwest: Tierra Investigations & Consultants, LLC Commercial collections, repossessions, bankruptcy fraud, theft & conversion claims.  605-647-1700 Fax 605-647-0534 troy@tierrainv.com

 

Job Search

Employment Web Sites:http://www.leasingnews.org/ Classified/Posting_sites.htm

Only $100k+ jobs Find jobs in finance, sales jobs, tech jobs and many more. Free information regarding career advice, resume writing tips, and interviewing information. TheLadders.com

Lease Portfolio / Legal

Lease Portfolio: Stilwell, KS Looking to buy or sell lease portfolio? 20+ year lease consultant specializing in portfolio placement. Free initial consultation. References available on request. Contact today E-mail:MLOST@aol.com	Legal: http://www.leaselawyer.com/ "I enjoy brainstorming about all aspects of leasing. I'll be back to you within 24 hours of your call or e-mail!" Barry S. Marks, Esq. E-mail: poetbarry@aol.com
Legal: Los Angeles, CA Challenge me with your legal question about leasing. No charge for a "free" consultation. Richard Wagner, Esq. www.wzlawyers.com . E-mail: rwagner@wzlawyers.com	Legal: Westport, CT We represent finance companies, banks, lessors, etc., in replevins/seizures, collections and bankruptcy matters in Connecticut and New York. Flat fee, contingency and hourly rates. Email: rchinitz@replevinlawyer.com

 

Marketing

Marketing services creative boutique: ads, flyers, premiums, trade show support and much more. Over 15 years experience working with CIT and ORIX. Currently seeking new relationships: http://www.tollinadvertising.com/

Operations / Remarketing / Repossessions

Operations: Houston, TX Silverlake Inspections LLC is an independent contracting company for real estate and equipment verification with pictures. Email: jimh05@sbcglobal.net	Operations: Portland , OR Portfolio Financial Servicing Company provides state of the art portfolio servicing for portfolios of all sizes. 800-547-4905 sales@pfsc.com
Operations: Roseburg, OR Tired of paying a full time documentation person? Try outsourcing. Ideal for anywhere in the USA. E-mail or Call Trina Drury 541-673-4116 or 541-784-7973. email: doc_prep@yahoo.com	Remarketing: Nassau Asset Management Specializing in: Repossession, remarketing, plant and fleet liquidation, skip tracing and collections. All types of equipment. Over 160 locations nationwide. We will tailor any remarketing program to your specific requirements.  www.nasset.com   Contact: ECast@nasset.com ELA,NAB T ,EAEL,NAELB,UAEL
Repossessions: Canada Cease Bailiff Services Incorporated: Asset Investigation/Tracing; Asset Recoveries; Asset Protection/Security Asset Liquidations/Sales; Ottawa, Canada; www.ceasebailiff.ca dave@ceasebailiff.ca; Phone 613 898 7376 ; Fax 613 225 2452	Remarketing: Los Angeles, CA Video, Audio, Film, Computer, IT, Test, Presentation Equipment We pay cash / 3 million in buying power /Quick Quotes UBG 800-570-5224 jon@usedvideo.org
Repossession: South East US- AllState Asset Management Recovery, remarketing, inspections. 25 years experience, dedicated to deliver, prompt, professional services. Call Brian @ 704-671-2376 brian.buchanan@allstateassetmgmt.com

 

Re-Seller / Sales

Re-Seller: Orem, UT CVI is an asset recovery company that collects on accounts,repossesses equipment and remarkets throughout the united states. For more information call David at 801-765-9939 E-mail:canyonviewinc@juno.com	Sales: Glen St. Mary, FL Southeast Sales Rep,To Promote Specialty Pasture-Turf Agricultural Equipment. Will Find Aggressive Dealers and Locations. North Florida Area Between 2 Major Interstate. E-mail: kenneth@thompsonaeration.com
Sales: Seasoned and fair priced workforce (Nationwide)  is at your service for all lease collections, repossessions, and asset liquidations, appraisals.  Call Nassau Asset Management 800-462-7728   dcastagna@nasset.com	Remarking Trucks/Big Rigs Remarking solutions big rigs assets and trucking related companies including collections, recovery, repair and re-sales contact: Robert Anderson cell # 586-909-8797 www.nsleasing.com

 

Signing Service / Site Inspection

Signing Service: New Jersey Mobile NJ Lease Signing Service We are New Jersey mobile lease signers and Notaries.We bring lease to clients, expedite signing and return docs. Same day. Jim Lissemore, Pres www.Flexo-Notaries.com	Site Inspection: Placentia, CA On site verifications, document signing or collections. Quick, accurate and professional. Reports with photographs e-mailed direct. Agents throughout US. Contact for coverage and rates. E-mail:pwright@yk2bizsolutions.com
Site Inspection: US & Canada Quiktrak performs equipment inspections within 24 hours of your job placement anywhere in the US. Order, check status & receive reports & photos online. E-mail:sdresser@quiktrak.com	Site Inspection: National Property Tax Compliance Services to the leasing industry. Over 60-years experience and fifty Lessors as clients. References and free quotes available, (216) 658-5618, E-mail gary@avptc.com
Inspection: Tampa /St. Pete, FL Contact Dick Mitchell @ Randolph Lynn Associates for prompt professional pre-funding equipment inspections, collateral "visits", and related lessee/vendor contacts. (Florida locations) 727-302-9144 E-mail:dmrla@gte.net	Site Inspection plus: Greater Baltimore area C. and A. Courier Services™, TA / Andreas Klepp-Egge Jr., Baltimore MD  21229.Field Appraisal  Inspection Service, 410-746-6355, candacourier22@aol.com.
Asset Inspections / Lender Services: Serving Michigan, N.Ohio, N.Indiana – Lender services including asset inspection, business/vendor verification, collections, and lease/loan signings.  25 years experience leasing/financial.  www.michiganclosingsandmore.com sheri@michiganclosingsandmore.com	Site Inspection: Nationwide Division of RTR Services, Jim Merrilees, Vice-President, jimmerrilees@is-rtr.com Wes Peterson, Inspection Quality Administrator, wespeterson@is-rtr.com www.is-rtr.com

 

Software

Software: Edmonds, WA Preferred Broker Solutions offers software support (also custom templates & reports) for the System 1 and CapitalStream Advantage products. Ask about our Web Application interface. E-mail:support@pbs4u.com

 

Training

Trainer: Atlanta, GA Able to provide training to dealers on financial merchandising as well as provide asset management service E-mail:kingcole@mindspring.com

Trainer: Sausalito, CA Lease trainer and consultant. 38 years in equipment leasing. Expert in transaction analysis, financial statement analysis, credit, packaging, structuring. Presents highly popular classes and workshops. E-mail: BoTei@aol.com

 

Syndicator

Syndicator: Overland Park, KS Top Syndicator from single deal to portfolios. 20+ yrs exp. Available for contract work or full time position. Nationwide contacts. E-mail: FFLLeasing@aol.com

 

Verification

IRS Retrieve/verify a corporation and personal tax information (1040, 1120, 1065) electronically directly from the source. Results delivered in 24-48 hours. 678-393-1988 Scott or sscher@recruitscreen.com

 

Web Sites

Web Design & Marketing Why spend your time and money teaching some marketing firm how the leasing industry works? Leasing websites, secure applications & marketing. DFCO, LLC  www.dfco.com/leasing Dana Freeman dana@dfco.com

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   1800- Congress enacted the Bankruptcy Act. It did not permit voluntary bankruptcy and applied to traders only. It was repealed three years later.
    1802- Birthday of Dorthea Dix, American social reformer and author, born at Hampden, ME. Left home at age 10, was teaching at age 14 and founded a home for girls at Boston while still in her teens. In spite of frail health, she was a vigorous crusader for humane conditions in insane asylums, jails and almshouses and for the establishment of state-supported institutions to serve those needs. Named superintendent of women nurses during the Civil War. Died at Trenton, NJ, July 17, 1887.
http://www.dhhs.state.nc.us/mhddsas/DIX/dorothea.html
http://www.nursingadvocacy.org/press/pioneers/dix.html
    1804 -a large tornado crossed 6 counties in Georgia and killed 11 people near Augusta.
    1812 - The territory of Orleans became the 18th state and later became known as Louisiana.
    1818—Congress approves the U.S. flag with 13 stripes. On admission of each new state to the Union, another star would be added to the flag, the number and pattern of stripes remaining the same.
    1859-“ I Wish I Was in Dixie’s Land” (better known as “Dixie” was introduced by Daniel DeCatur Emmett at Mechanics Hall, New York city, and was published by Firth Pond and Company, New York city. It was written and composed by Emmett, a Northerner, expressly for Bryant’s Minstrels, who performed at 472 Broadway, New York City. It was announced as a plantation song an dance.According to some sources, it was based on a song of lament sung by the slaves of a Dutch planter named Dixye, who sold them away to a farmer in Piedmont County, South Carolina, after tryingunsuccessfully to grow tobacco in Harlem, New Amsterdam( the future New York City). African-Americans in Knox County , Ohio, have long claimed that Daniel D. Emmett learned the song "Dixie" from the Snowdens, an African-American family of musicians who performed banjo and fiddle tunes and sang popular songs for black and white audiences throughout rural central Ohio from the 1850s to the early twentieth century.
It was sung at the inauguration of Jefferson Davis as president of the Confederate States on
February 18, 1861.
http://civilwarhome.com/dixie.htm
    1865 - President Abraham Lincoln visits the Confederate capital a day after Union forces capture it. Lincoln had been in the area for nearly two weeks. He left Washington at the invitation of general-in-chief Ulysses S. Grant to visit Grant's headquarters at City Point, near the lines at Petersburg south of Richmond. The trip was exhilarating for the exhausted president. Worn out by four years of war and stifled by the pressures of Washington, Lincoln enjoyed himself immensely. He conferred with Grant and General William T. Sherman, who took a break from his campaign in North Carolina. He visited soldiers, and even picked up an axe to chop logs in front of the troops. He stayed at City Point, sensing that the final push was near. Grant's forces overran the Petersburg line on April 2, and the Confederate government fled the capital later that day. Union forces occupied Richmond on April 3, and Lincoln sailed up the James River to see the spoils of war. His ship could not pass some obstructions that had been placed in the river by the Confederates so 12 soldiers rowed him to shore. He landed without fanfare but was soon recognized by some black workmen who ran to him and bowed. The modest Lincoln told them to "...kneel to God only, and thank him for the liberty you will hereafter enjoy." Lincoln, accompanied by a small group of soldiers and a growing entourage of freed slaves, walked to the Confederate White House and sat in President Jefferson Davis's chair. He walked to the Virginia statehouse and saw the chambers of the Confederate Congress. Lincoln even visited Libby Prison, where thousands of Union officers were held during the war. Lincoln remained a few more days in hopes that Robert E. Lee's army would surrender, but on April 8 he headed back to Washington. Six days later, Lincoln was shot as he watched a play at Ford's Theater.
    1873-Carrie S. Burnham began her argument, made before the Supreme Court of Pennsylvania. She had been stopped from voting in the October, 1871 and appealed to the Supreme Court, who told her she could not vote because she was a woman and the right to vote only applied to men. http://memory.loc.gov/ammem/today/apr04.html
    1887- The first woman elected mayor in the US was Susanna Medora Salter, who was elected mayor of Argonia, Kansas. Her name had been submitted for election without her knowledge by the Women’s Christian Temperance Union, and she did not know she was a candidate until she went to the polls to vote. She received a two-thirds majority vote. Argonia is a city located in Sumner County, Kansas. She received a two-thirds majority vote and served for one year for a salary of $1. As of the 2000 census, the city had a total population of 534. Although her term was uneventful, her election generated worldwide interest from the press, sparking a debate regarding the feasibility of other towns following Argonia's lead, which ranged from objections to a "petticoat rule" to a "wait-and-see" attitude. After only a year in office, she declined to seek reelection. In 1893 she moved to Alva, Oklahoma with her husband and family.
She lived until she was 101. The house she lived in during her tenure as mayor was added to the National Register of Historic Places in September, 1971.
    1898-the first musical comedy written by African-Americans for African-American performers was “ A Trip to Coontown,” a musical comedy in two acts by Bob Cole and Billy Johnson, produced a the Third Avenue Theatre at 31st Street in New York City. Cole played the part of the tramp Willie Waysie, and Johnson played Jim Flimflammer, the bunco steerer.
    1906--Birthday of trumpet player Frankie Newton, Emory, VA.
    1913-bassist Gene Ramey born, Austin, TX
    1915-Mobile telephone one-way communication was established by Bell System engineers from Montauk Point, NY, to Wilmington, DE, a distance of 250 miles.
    1915-bluesman Muddy Waters, whose real name was McKinley Morganfield, was born in Rolling Fork, Mississippi. He began recording in 1941, and his 1948 hit "I Can't Be Satisfied" helped bring the amplified guitar to the fore in blues music. His Chicago-based band included such notables as James Cotton, Buddy Guy, Willie Dixon and Otis Spann. Muddy Waters played a significant part in developing modern rhythm and blues that came to be known as Chicago or urban blues. It was predominantly from this music that later forms such as rock and roll and soul sprang. Waters' style had a profound effect on pop music in the 1950s and '60s, and he influenced such musicians as Jimi Hendrix and the Rolling Stones. In fact the Stones took their name from a Waters' recording, "Rollin' Stone." And Waters was the one who brought Chuck Berry to the attention of Chess Records in 1955. Muddy Waters died in 1983.
    1917-birthday of singer Big Chief Jolley ( George Landry ) New Orleans, LA
    1922—Birthday of motion picture composer Elmer Bernstein, perhaps best known for ‘The Man with the Golden Arm.”
http://www.classical-composers.org/comp/bernstein_elmer
    1923 - an F4 tornado killed 15 people and injured 150 at Alexandria and Pineville, Louisiana. 142 homes and businesses in Pineville were destroyed.
    1924-Gibert Ray “Gil” Hodges, baseball player and manager, born at Princeton, IN. Hodges was the first baseman on the famous Brooklyn Dodgers” Boys of Summer” teams. ( I got his autograph on a baseball when I was a kid.). He managed the New York Mets to the 1969 World Series title. Died at West Palm Beach, FL, April 2, 1972.
    1928- -- Birthday of Maya Angelou born Louis, Missouri. African-American poet whose autobiographical work explores economic, racial, & sexual oppression themes. Her first work, I Know Why the Caged Bird Sings (1970), is followed by Gather Together in My Name (1974), The Heart of a Woman (1981), & All God's Children Need Traveling Shoes.
    1932-Vitamin C was first isolated by C.C. King at the University of Pittsburgh.
    1933 - Pigeon River Bridge, MN, reported 28 inches of snow, which established the state 24 hour snowfall record.
    1935- Benny Goodman cuts his first Victor record session.
    1939-Glenn Miller records his theme “ Moonlight Serenade) Bluebird 19214)
    1939-trumpet player Hugh Masakela born Witbank, So. Africa
    1943-the nine-man crew of the World War II American Liberator bomber Lady Be Good bailed out 200 miles off course over the Sahara Desert and disappeared this day. They were returning to their base in Libya after a raid over southern Italy. On Nov 9,1958,15 years after the plane went down and more than 13 years after the war had ended, a pilot flying across the Sahara south of Tobruck sighted wreckage of an aircraft in the sand. Five skeletons and a diary describing the final days of the crew were recovered. The radio, guns and ammunition in the plane were in working order. Life Magazine devoted a full issue to this discovery.
    1946---Birthday of the “coach,” Craig T. Nelson, actor, born Spokane, Washington.
    1950- Birthday of Judith Resnik, astronaut. The 36-year-old electrical engineer mission specialist was the second US woman in space. She perished in the Challenger explosion, Jan. 28, 1986.
http://www.jsc.nasa.gov/Bios/htmlbios/resnik.html
    1952- “Police Story” premiers on TV. Produced by Jerome Robinson, directed by David Rich and narrated by Norman Rose, "Police Story" was an early anthology series on CBS depicting incidents from real-life police files.
    1950—Birthday of Jim Lahti’s sister, Christine, acrtress (Emmys for “chicago Hope,” “Swing Shfit, director (Oscar for “LIberman in Love), born Birmingham, MI.
    1951—Birthday of Steve Gatlin of country's Gatlin Brothers Band.
    1953-the first scholastic fraternity chapter established at an African-American university was the Phi Beta Kappa, at Fisk University, Nashville, TN.
1957--Birthday of American composer Jeffery Cotton,San Fernando, CA.
    1960 - Elvis Presley records ``Are You Lonesome Tonight.''
    1960 - Eleven Academy Awards were presented to one movie at the 32nd Annual Academy Awards at the RKO Pantages Theater, Los Angeles. "Ben-Hur", the Best Picture of 1959, was the first motion picture to receive that many Oscars. The other categories for which the MGM film, produced by Sam Zimbalist, was honored were: Best Director (William Wyler); Best Actor (Charlton Heston); Best Supporting Actor (Hugh Griffith); Best Cinematography/Color (Robert L. Surtees); Best Art Direction-Set Direction/Color (Edward Carfagno, William A. Horning, Hugh Hunt); Best Costume Design/Color (Elizabeth Haffenden); Best Sound (Metro-Goldwyn-Mayer Studio Sound Department, Franklin E. Milton, Sound Director); Best Film Editing (John D. Dunning, Ralph E. Winters); Best Effects/Special Effects (visual-A. Arnold Gillespie, Robert MacDonald III; audible-Milo B. Lory); and Best Music/Scoring of a Dramatic or Comedy Picture (Miklos Rozsa). "Ben-Hur" lost only one nomination: Best Writing/Screenplay Based on Material from Another Medium. "Room at the Top" (Neil Paterson) took that Oscar home and the Best Actress award, too (Simone Signoret). The Best Supporting Actress award went to Shelley Winters for her performance in "The Diary of Anne Frank", her second Oscar. The moviemakers of "Anatomy of a Murder" had high hopes with six nominations in the ring; but that’s all they were. However, the Best Music/Song Oscar went to "High Hopes" (James Van Heusen-music, Sammy Cahn-lyrics) from "A Hole in the Head". It would be 38 years and a lot of high hopes before one film won 11 Academy Awards again ("Titanic"). And who knows how long before the host is an Award recipient again! (Bob Hope received the Jean Hersholt Humanitarian Award.)
http://www.infoplease.com/ipa/A0148797.html
    1963 - No. 1 Billboard Pop Hit: ``He's So Fine,'' The Chiffons. In 1976 the estate of songwriter Ronnie Mack wins a lawsuit against former Beatle George Harrison. A judge rules that Harrison subconsciously copied his No. 1 song ``My Sweet Lord'' from ``He's So Fine.''
    1964 - The Beatles set an all-time record on the Top 100 chart of "Billboard" magazine this day. All five of the top songs were by the British rock group. In addition, The Beatles also had the number one album as "Meet the Beatles" continued to lead all others. The LP was the top album from February 15 through May 2, when it was replaced by "The Beatles Second Album". It was estimated at the time that The Beatles accounted for 60 percent of the entire singles record business during the first three months of 1964. The top five singles by The Beatles this day were:
1) Can’t Buy Me Love
2) Twist and Shout
3) She Loves You
4) I Want to Hold Your Hand
5) Please Please Me
    1965 - Actor Robert Downey Jr. is born in New York, NY. Downey Jr. has penned more than 30 original songs, and his version of Charley Chaplin's theme song, "Smile," is included on the soundtrack to the film "Chaplin."
    1967 - Johnny Carson quit "The Tonight Show". He returned three weeks later with an additional $30,000 a week! Here’s Johnnnnnnny!!!
http://www.jonnycarson.com/carson4.htm
    1967-speaking before the Overseas Press Club at New York City, Reverend Dr. Martin Luther King, Jr, announced his opposition to the Vietnam War. That same day, at the Riverside Church at Harlem, King suggested that those who saw the war as dishonorable and unjust should avoid military service. He proposed that the US take new initiatives to conclude the war.
    1968-Martin Luther King, Jr., born on 15 January 1929, is shot and killed by a sniper while standing on the balcony outside his second-story room at the Lorraine Motel in Memphis TN. On this night,April 4, presidential candidate Robert F. Kennedy, just two months away from his own assassination, announced King's death at a political rally in Indianapolis. Urging calm, Kennedy fell into quoting the Ancient Greek tragedian Aeschylus in an effort to articulate the inexplicable tragedy of King's murder: "In our sleep, pain that cannot forget falls drop by drop upon the heart until, in our own despair, against our will, comes wisdom through the awful grace of God." As word of the assassination spread, riots broke out in several major cities, and in Washington, D.C., fires set by enraged protestors devastated portions of the downtown area. The National Guard was subsequently called in, and for several days the armed troops patrolled the streets of the nation's capital. James Earl Ray was convicted of his assassination, but King’s family to this day believe he was killed by others.
    1968- Bobby Goldsboro was awarded a gold record for "Honey." The record sold one-million copies within three weeks, and eventually sales were over three-million. "Honey" topped the Billboard Hot 100 chart for five weeks.
    1969-CBS canceled the “Smothers Brothers” comedy series. The hour-long show strongly influenced television humor during the two years it aired. Tom and Dick, however, frequently found themselves at odds with the censors over material that would be considered tame today. Guests and cast members frequently knocked the Vietnam War and the Nixon Administration. Acts featuring antiwar protestors such as Harry Belafonte were often cut.
    1969-the first heart transplant using an artificial heart took place at St. Luke’s Episcopal Hospital in Houston, Texas ( an exhibit is now at Herman Hospital, University of Texas at Houston ). Dr. Denton A. Cooley ( still in practice), implanted the world’s first entirely artificial heart into Haskell Karpk, age 49, from Skokie, IL. The prosthetic heart was made of Dacron and plastic. Karp lived with the hear for three days, when it was replaced by a transplanted heart. He died on April 8.
    1970-Diana Ross makes her first solo concert appearance, in Framingham, Massachusetts.
    1971 - Veterans stadium in Philadelphia, PA was dedicated this day. It was the largest baseball park in the National League. A total of 56,371 fans could come out to see the Phillies play baseball or the Eagles play football. The stadium has been nicknamed the Vet. Seating was later increased to 63,000.
    1973 - Sandia Crest, NM, reported a snow depth of 95 inches, a record for the state of New Mexico.
    1973 - No. 1 Billboard Pop Hit: ``The Night the Lights Went out in Georgia,'' Vicki Lawrence. Lawrence is probably best known as the look-alike to the star of ``The Carol Burnett Show.'' The song debuts at No. 100 on the Hot 100.
    1973- A taped Elvis Presley concert entitled Elvis: Aloha from Hawaii is telecast on NBC and proves to be a huge success. The total worldwide audience for the show, the first commercial worldwide satellite broadcast, amounts to over a billion people.
    1978--Birthday of American composer Kevin Ure.
    1981-first mayor of a major city of Mexican descent was Henry Gabriel Cisnernos, San Antonio, Texas.
    1983 -a snowstorm in the midwest left 11 inches of snow on the ground at Liberal, Kansas and 14 inches at Trousdale, Kansas. Further to the west in Colorado, the storm was in its 2nd day and by the time it was all over on the 5th, 21 inches of new snow was recorded at Fort Collins and Buckhorn Mountain, not to far from Fort Collins, was buried under 64.4 inches.
    1984 - Bob Bell retired as Bozo the Clown on WGN-TV in Chicago, IL. Bell was an institution in the Windy City since making his first appearance in 1960. Pinto Colvig was the original Bozo.
    1987-Denis Potvin of the New York Islander, the highest-scoring defenseman in NHL history at the time, scored the 1,000th point of his career. Potvin entered the Hockey Hall of Fame in 1991.
    1987-- one of the most famous record companies in the world, RCA Records, officially became the Bertelsmann Music Group - BMG for short - upon its takeover by the giant West German publishing, broadcasting and recording company. The new owners said Nipper, the famous Radio Corporation of America dog, would continue as the new firm's logo, and the names RCA, Arista and Red Seal would still appear on BMG record labels.
    1987 -New England was in the middle of its second heavy rainstorm in 5 days. Ten persons were killed in a bridge collapse over Schoharie Creek. This was the same storm that produced record snows in the Appalachians. This storm dumped 4 to 7 inches of rain over the area and this, combined with snowmelt and rivers already at bankfull, produced record flooding, especially in Maine. 2300 homes were flooded in Maine with 215 totally destroyed. Record water levels were reached at many dams. Damage in the state alone reached 100 million dollars.
    1990 - A deep low pressure system in northern New York State brought heavy snow to parts of western and central New York during the day. The snowfall total of 5.8 inches at Buffalo was a record for the date, and 9.5 inches was reported at Rochester. Snowfall totals ranged up to 11 inches at Warsaw.
    1996- Jerry Garcia's widow, Deborah, and Grateful Dead guitarist Bob Weir sprinkled a small portion of Garcia's ashes into India's holy Ganges River. Deborah Garcia kept her plans secret because she feared thousands of fans might have travelled to India and disrupted the ceremony. The rest of Garcia's ashes were released off San Francisco later that month. The Grateful Dead leader had died of a heart attack following a drug overdose in a rehabilitation facility, Forrest Farm, in Marin County.
    1996-- The former general manager of Daiwa Bank's New York branch pleaded guilty to aiding a $1.1 billion cover-up.
    1996-- In its IPO, just two days after Lycos and a week before Yahoo!, Search engine Excite's stock opens at $17 and closen at $20.
    2000-Michigan State beats Florida 89-76 to win NCAA Title.
http://sportsillustrated.cnn.com/basketball/college/2001/ncaa_tourney/news/
2001/04/02/final_gamer_ap/
    2003 -- SMITH, PAUL RAY Medal of Honor
Rank and Organization: Sergeant First Class, 2nd Platoon, B Company, 11th Engineer Battalion, 1st Brigade, 3rd Infantry Division. Place and Date: At Baghdad, Iraq, 4 April 2003. Citation: Sergeant First Class Paul R. Smith distinguished himself by acts of gallantry and intrepidity above and beyond the call of duty in action with an armed enemy near Baghdad International Airport, Baghdad, Iraq on 4 April 2003. On that day, Sergeant First Class Smith was engaged in the construction of a prisoner of war holding area when his Task Force was violently attacked by a company-sized enemy force. Realizing the vulnerability of over 100 fellow soldiers, Sergeant First Class Smith quickly organized a hasty defense consisting of two platoons of soldiers, one Bradley Fighting Vehicle and three armored personnel carriers. As the fight developed, Sergeant First Class Smith braved hostile enemy fire to personally engage the enemy with hand grenades and anti-tank weapons, and organized the evacuation of three wounded soldiers from an armored personnel carrier struck by a rocket propelled grenade and a 60mm mortar round. Fearing the enemy would overrun their defenses, Sergeant First Class Smith moved under withering enemy fire to man a .50 caliber machine gun mounted on a damaged armored personnel carrier. In total disregard for his own life, he maintained his exposed position in order to engage the attacking enemy force. During this action, he was mortally wounded. His courageous actions helped defeat the enemy attack, and resulted in as many as 50 enemy soldiers killed, while allowing the safe withdrawal of numerous wounded soldiers. Sergeant First Class Smith’s extraordinary heroism and uncommon valor are in keeping with the highest traditions of the military service and reflect great credit upon himself, the Third Infantry Division “Rock of the Marne,” and the United States Army.
    2010-The Boston Red Sox opened their 2010 campaign in style by having Neil Diamond sing "Sweet Caroline", which plays over the loudspeakers during the 8th inning of every Red Sox home game. Aerosmith front man Steven Tyler took the field during the 7th inning stretch to sing "God Bless America".

NCAA Basketball Champions This Date

    1983---North Carolina State
    1988---Kansas
    1994---Arkansas
    2000---Michigan State