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Thursday, August 16, 2012




Today's Equipment Leasing Headlines

Integrity Financial Groups, Murray, Utah
 Bulletin Board Complaint
  Classified Ads---Sales
Sheldon Player/Equipment Aquisition Resources
 Typo in Lease Spawns Major Litigation
  by Tom McCurnin, Esq.
New Hires---Promotions
  Classified Ads---Help Wanted
   ---Last Week 30 Day - 25% Off Summer Special Offer
 Debt Collector sends Collection Letter to
   Debtor’s Employment, Creates Class Action Suit
    by Tom McCurnin, Esq.
WHY I BECAME A CLP
 Larry LaChance, CLP
  President-Bankers Capital-Northborough, MA
   ----Fall Leasing Conference Up-Dates---
NEFA Member of the Year Award to be Renamed
 Chris Walker Memorial Member of the Year Award
  ---and Chris Walker, CLP, Education Fund is Created
    Labrador Retriever/German Shepherd Dog Mix
    Newport Beach, California Adopt-a-Dog
Cosmopolis/ParaNormal
Bernie/A Separation/The Aristocats
 Fernando Croce Move/DVD Reviews
  Classified ad--Attorneys
News Briefs---
 Leasing Venture Offers 16,000 Trailers
  US homebuilder confidence at 5-year-high in August
   Al Schuler—Economy and Housing with charts
    Cisco's earnings rise above Wall Street Expectations
     Caterpillar reaches tentative deal with Joliet machinists
       Burglar made off with Steve Jobs' wallet during heist, had $1 in it

Broker/Funder/Industry Lists | Features (collection)
Top Ten Stories Chosen by Readers | Top Stories last six months

  You May have Missed---
   SparkPeople--Live Healthier and Longer
    Sports Briefs---
     Baseball Poem
      California Nuts Brief---
       "Gimme that Wine"    
          This Day in American History
         SuDoku
           Daily Puzzle
             GasBuddy
               Weather, USA or specific area
                 Traffic Live----

######## surrounding the article denotes it is a “press release” and was not written by Leasing News nor information verified, but from the source noted. When an article is signed by the writer, it is considered a “by line.” It reflects the opinion and research of the writer. It is considered “bias” as it is the writer’s viewpoint.




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Integrity Financial Groups, Murray, Utah
Bulletin Board Complaint


Dallin Hawkins

The Linkedin.com states the company started January, 2011; previously Hawkins was an account executive at Mazuma Capital Corp (June, 2010-December, 2010), senior account executive, Culver Capital Group (2008-2010), senior account executive, Envision Capital Group (September, 2007-August, 2008),senior account executive, Nationwide Funding, LLC (2002-September, 2007). Mr. Hawkins is very active in many LinkedIn groups seeking business from brokers and others.

This is the third complaint regarding Dallin Hawkins, Managing Director of Sales & Operations, Integrity Financial Groups, as well as his representations on Linkedin.com

From:
David Blassingame, CVLE
Managing Partner
Autoflex Leasing
558 S. Central Expr.
Richardson, TX 75080
(972) 234-0304 Ext. 227

“We contacted Integrity Financial about funding 250 vehicles for open ended 24 to 36 month leases. These were for an established car rental company operating from LAX. The customer had sent us $100,000. for initial payments and TT&L.

"Dallin asked us to send them the $100,000. as a deposit against the first payments that would be due. We didn't feel comfortable sending that amount of money. When we wouldn't send them the $100K, Dallin sort of lost it and accused my Leasing Specialist of never really having control of the deal and wasting their time. They then sent a request for a $10,000. and an agreement to sign that they could keep the $10K for their work researching the rental company and securing the funding. I wouldn't sign it so they contacted our client and convinced him to sign it. (He was short on time because he had 150 cars that were at lease end and he needed to replace them). At his insistence we released $10K of his money to them. They assured us the deal looked good and agreed to re-write the agreement to include language that the $10K becomes part of the initial payments when the deal was done.

"The deal drug on for weeks with them asking for more and more documentation, until they finally told us the deal was dead. We were never really sure they did anything on the deal for all those weeks. We returned $90,000 to our client. They kept his $10,000. They never secured any funding at all.

"After the deal was dead I checked on their addresses and licensing. One of the addressed listed was vacant and another was a coffee shop. Their business license had expired.

"You know how you just get a feeling sometimes that you're being lied to. I got that feeling early on in this deal and it never went away. They kept the clients money. I don't think he went after them for it. He eventually got his cars financed by Hyundai."

No telephone or emails or Linkedin.com messages have been returned by Dallin Hawkins to Leasing News since June 12, 2012.

http://www.linkedin.com/in/dallinhawkins

First complaint:
Integrity Financial Groups, Murray, Utah
http://leasingnews.org/archives/Jul2012/7_09.htm#bbc


 

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Classified Ads--- Sales




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


California
Aggressive, competitive self-starter with vendor/direct equipment 
leasing and asset-based lending experience. Success in business banking sales and financial planning. 
Email: dsp559@hotmail.com | Resume

Garfield, NJ
15 years experience small to large ticket sales exp. All types of equipment industries. Vendor & direct. Self motivated. Work with leasing company or broker.
Tony Lio tonylio@optonline.net
Montgomery, AL
Individual with 10 years advertising sales exp. & 7 years insurance sales exp. Wants independent contractor situation in Alabama.
Work with leasing company or broker. 334-590-5133
E-mail: billmcneal2003@yahoo.com

Orange County, CA 
20+ yrs. leasing sales/sales mgmt
Established remote office w/Lessee/Vendor following
Request Salary + commission or partnership w/direct funding source.
shermbp@gmail.com

Pittsburgh , PA 
Aggressive self starter looking for leasing position w/10 plus yrs sales exp., plus banking experience 814-227-4592
mwiser500@hotmail.com

San Francisco Bay Area:
15 year Vendor Program Agreement HUNTER. Currently employed at major IT manufacturer captive supporting direct and channel sales. Must have base, commission and benefit package.
E-mail: VdrPgmBizDev@aol.com

Texas/Oklahoma 
15 year lease vet looking for plact to take business.great references. all major equipment types. open to compensation. please contact if interested.
E-mail: bankingdallas@yahoo.com


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

John Kenny Receivables Management

• End of Lease Negotiations & Enforcement• Fraud Investigations
• Credit Investigations • Asset Searches 
• Skip-tracing • Third-party Commercial Collections

john@jkrmdirect.com | ph 315-866-1167| www.jkrmdirect.com


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

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Sheldon Player/Equipment Aquisition Resources
Typo in Lease Spawns Major Litigation
by Tom McCurnin, Esq.
Barton, Klugman & Oetting
Los Angeles, California

 


Sheldon Player, Founder, Equipment Acquisition Resources
(Last seen in Wyoming)

Sheldon Player’s Ponzi Scheme Spawns More Litigation—
This Time Over a Typo in a Lease.

Court of Appeals Holds Typo Can Be Reformed
But Without
Prejudice to Other Creditors of EAR

Sheldon Player’s Ponzi scheme caused millions of dollars of damage for dozens of leasing companies. To add insult to injury, one leasing company allowed a typo to sneak into five documents, causing millions of dollars of further losses and litigation costs.

Just when you thought the dust had settled, Equipment Acquisition Resources (“EAR”) is back in the news. This time two different leasing companies are fighting over the wreckage, based on a typo in a lease. The case is In re: Equipment Acquisition Resources Inc., 2012 WL 3217640 (7th Cir. 2012).

Alliance Commercial Capital wrote five leases to EAR, and secured the same with a UCC-1 filed in Illinois. Alliance assigned the leases to Republic Bank of Chicago. Republic and EAR amended the leases, providing that EAR would pay down part of the leases (approximately $4.6 million), EAR would give a blanket security interest in all its assets to Republic, and Republic would forebear on claims it had against EAR. Sounds like a typical work out agreement.

Somebody at Republic Bank had a bad hair day, as there was a typo in the amendment which instead of granting Republic Bank a blanket lien on EAR’s assets, it granted the Republic Bank a blanket lien on the Republic Bank’s assets. (1)

EAR filed Bankruptcy. Because of the nature of the company, William Brandt was appointed Plan Administer and he proceeded to file bankruptcy lawsuits, called adversary actions, against anyone and everyone, to try to collect something for the creditors. One of those suits was against Republic Bank to deem that the five leases were unsecured. Another of those suits was against some accountants which had allegedly cooked the books.

Brandt and Republic Bank agreed to resolve the suit by essentially reforming the grant of the security interest to make read as intended, that EAR was granting a security interest to Republic Bank. EAR agreed to prosecute the accountant lawsuit and share the proceeds with Republic Bank. That settlement agreement was placed before the Bankruptcy Court for approval.

All of EAR’s assets were sold, and First Republic and most of EAR’s creditors engaged in a protracted State Court lawsuit to divide those assets, including First Premier Capital.

First Premier Capital objected to the settlement on three grounds: (1) Republic Bank could not retroactively reform a fatal defect in the earlier lease amendment; (2) Republic Bank was attempting to bolster its case in the Cook County Litigation in violation of Brandt's duty to EAR's creditors; and (3) the Settlement Motion did not provide an analysis indicating that the settlement was in the best interests of the creditors.

However, the Bankruptcy Court threw a bone to First Premier Capital holding that “it is without prejudice to any of the contentions the parties may raise in other litigation in other [jurisdictions] in which the state or some other court may take a different view whether or not the amendments could be appropriately reformed,”

On appeal, the Court of Appeals affirmed. It was really a case of no harm, no foul. Since all the assets are tied up in the Cook County lawsuit, and none of the parties are bound by the Bankruptcy Court’s ruling, First Premier’s appeal was tossed out.

Lessons for the leasing profession are obvious here. That single typo spawned a Bankruptcy Court case, a District Court Appeal, and finally an appeal to the 7th Circuit for a half dozen law firms, and we don’t know who might ultimately win, because the litigation isn’t over yet.

So the lesson is: Read your documents. If it gets confusing, and it often does, then go old school and have two people go to a conference room and physically read the documents to each other aloud.

There is simply no excuse for this typo in a deal this large.

Tom McCurnin
Barton, Klugman & Oetting
Los Angeles, California
email: tmccurnin@bkolaw.com
Voice: (213) 621-4000
Fax (213) 625-1832
Visit our Web Site at www.bkolaw.com

(1) Typo error:
http://leasingnews.org/PDF/EARTypo.pdf

Case:
http://leasingnews.org/PDF/EAROpinion.pdf

Previous Tom McCurnin Articles:
http://www.leasingnews.org/Conscious-Top%20Stories/leasing_cases.html

Equipment Acquisition Resources -Busted!
http://www.leasingnews.org/Conscious-Top%20Stories/Sheldon_Player.htm

 


 

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New Hires---Promotions

Tom Barber has joined EverBank Commercial Finance, the equipment financing and asset-based lending subsidiary of EverBank and EverBank Financial Corp (NYSE: EVER),Parsippany, New Jersey as head of a new golf equipment finance specialty industrial group. "Mr. Barber has over 30 years of experience in the leasing and equipment finance industry. While at TCF Equipment Finance, Inc., he built a successful golf financing practice as Vice President of Sales and National Account Manager in the company’s golf equipment division. Previously, he held senior business development and leasing management positions with Northland Capital Financial Services, GreatAmerica Leasing, Copelco Capital, LeaseAmerica and GE Capital."

Joining Mr. Barber from TCF will be Adam Stout, Matt Stangl and John Michel, sales professionals with deep, long-term relationships with the major golf equipment manufacturers and distributors in the U.S. market." Previously hew as vice-president national account manager, Golf Division, TCF Equipment Finance (September, 2011-July, 2012), VP sales golf, VGMFS (May, 2005-December, 2011), VP new business development, Copelco Capital (1997-2001)
http://www.linkedin.com/pub/tom-barber/7/bab/456

 

Sandy Bernadino-Graydus has joined LEAF Commercial Capital as Director of Operations and Sales Administration, Philadelphia, Pennsylvania. Previously she was with Canon Financial Services, joining the firm in 1994, outside sales manager 1999-2000, dealer service manager, 1998, dealer service representative until 1997, and rising to director of Operations in 2008 from director of client services in 2005, involved as director of subsidiary leasing in 2000. She was security supervisor, Spectaguard (1985-1995), residual sales supervisor, Master Lease Division of Tokai Financial Services (1989-1994) where she worked with Miles Herman, who is president and COO of LEAF. West Chester University of Pennsylvania BA, Business Management (1984 – 1988)
http://www.linkedin.com/in/sbernardino

Dan Darbor hired as Midwest region sales manager for Union Leasing, out of the greater Chicago area. Previously he was vice president new business development, Donlen (January, 2006-July,2012), regional sales manager, Wheel's Inc (August, 1999-January, 2006), vice-president, NationsBank Leasing (March, 1994-August, 1999), regional sales manager, GE Capital (January, 1982-August, 1996). Presidents Club, Donlen, exceeding goals and objectives, 2011, 2010,2009, 2007, sales members of the Year, Wheels, exceptional sales meeting goals and objectives, 2001,2002, 2003,2004,2006. Hope College (1975 – 1979, Coursework Bachelor of Science Degree, Business Administration.
http://www.linkedin.com/profile/view?id=37533775&locale=en_US&trk=tyah2

Robin Feldman hired as "as vice president, Lease Originations for ATEL Leasing in New York. She joins ATEL with over 20 years of commercial financing sales experience; including four years managing Microsoft’s Enterprise Financing program which provides structured finance solutions to Fortune 500 customers. Prior to Microsoft, she spent 15 years as a lease originator for companies such as CIT, National City and Mellon US Leasing where she was a top sales producer completing over $400 million in origination volume. “ATEL Leasing has entered a new era, in which we have increased capital and liquidity and a charter to significantly grow the business over the next five years. This has enabled us to attract top industry sales talent like Robin Feldman. We are confident Robin will be a top producer for ATEL for years to come,” commented Ken Fosina, executive vice president, ATEL Leasing.

Richard M. Finn has joined Nations Equipment Finance as SVP, Midwest sales. In this role, he will be responsible for NEF’s direct origination activities including loan and lease products. Finn is a 35 year veteran of the commercial finance and leasing industry. His background includes pricing and structuring, large ticket origination and sales management. He held prior positions with Cargill Leasing as region manager, Boeing Capital as managing director Midwest region and GE Capital as SVP Corporate Lending. “Over his 35 year career, he has been instrumental in developing new leasing and lending relationships throughout the Midwest and fostering existing ones,” commented Phil Carlson, president and CEO of NEF. “Many of us worked with Rich during his years at GE Capital and we look forward to collaborating with him again as we build and grow NEF.”

Larry LaCroix was promoted to senior vice president and group manager in Bridge Bank, San José, California. He joined the bank in 2008. Previously he was CEO, CeltSoft (August, 2004-October,2008), CEO & Founder, CS Capital Solutions (December, 2006-August,2008), Sr. Vice President and Receivables Capital Management Division Manager, sun Trust Bank (March, 1989-August, 2004), Quinnipiac University - School of Business BS, Economics (1978 – 1983).
http://www.linkedin.com/pub/larry-lacroix/3/161/999

Pat Mancuso appointed public sector financial solutions manager for NetAPP, Vienna, Virginia. Previously he was sales manager, Oracle Finance (February, 2008-August, 2012), AVP, sales manager, Sun Trust Mortgage (August, 12006-February, 2008), regional sales manager, Network Access Solutions (1999-2002), business development, Proxicom (1996-1998). Middlebury College BA, Political Science (September, 1986 – May, 1990), Activities and Societies: Delta Upsilon Fraternity, Phillips Andover Academy (1985 –1986), Ridgewood High School (1982–1985).
http://www.linkedin.com/in/pmancuso

John Michel named Business Development Manager, EverBank Golf Finance; Location: Waterloo, Iowa Area. Previously hew as account manager VGM Financial Services (August, 2011-August, 2012), sales associate, VGM Financial Services (December, 2007-July, 2011), PJ Boatwright intern, Iowa Golf Association (2005-2006), University of Northern Iowa BA, Finance (2000 – 2004).
http://www.linkedin.com/pub/john-michel/12/6a7/a25

Stuart Papavassiliou now freelance editor <stuart.papavassiliou@gmail.com>.

Previously he was Xander Media Group, Director of Editorial Content (Monitor, Inc. (February, 2002-August,2012), director of Editorial content, Xander Media Group (February, 2002-August, 2012), senior editor, ABF Journal (2002-2011), Program Leader, Landmark Education (1993-2010),relationship manager, Chase Manhattan Trust Company of Pennsylvania (December, 1998-November,2001), trust officer, AVP, PNC Bank (1988-1998). Board Chairman End Violence (2010 – 2011) Bryn Mawr, PA. Indiana University Bloomington Bachelor of Music, Voice Performance (1977 – 1982) Voice pupil of Jean Deis and Reri Grist-Graduated with Academic Distinction; Activities and Societies: National Merit Scholar, High School for the Performing & Visual Arts (1974– 1977). Landmark Education
http://www.linkedin.com/pub/stuart-papavassiliou/0/676/588

Ignacio Sanchez is now at TA Equipment Finance, Inc., Santa Ana, California, involved in business development. Previously he was at TriStar Capital, LLC (September, 1998-October, 2011, sales manager, Balboa Capital, (1990-1998).CSUF, San Diego State University-California State University.
http://www.linkedin.com/pub/ignacio-sanchez/11/3b4/b81

Matt Stangl has joined as Business Development Manager at EverBank Commercial Finance, Golf Equipment Finance, location, Waterloo, Iowa Area. Previously he was business development officer, golf division, TCF Equipment Finance (January, 2008-July, 2012), sales, VGM Financial Services (2009-2010), sales associates, golf division, TCF Equipment Finance (March, 2006-December, 2008). University of Northern Iowa B.A., Finance (2001 – 2005).
http://www.linkedin.com/pub/matt-stangl/11/765/7b3

Adam Stout has joined as Business Development Manager at EverBank Commercial Finance, location: Greater Salt Lake City Area. Previously he was sales, golf division, TCF Equipment Finance (February, 2007-August, 2012), assistant vice president, Iowa State Bank (October, 2002-Feburayr, 2007), loan officer, Earlham Savings Bank (February, 2001-October, 2002) Simpson College BA, Business Management (1998 – 2002).
http://www.linkedin.com/pub/adam-stout/b/66a/603

Lee Shodiss was promoted to executive vice president and manager of the new Capital Finance division of Bridge Bank, San José, California, formally known as the Bridge Capital Finance Group. He "... joined Bridge Bank in 2002 as senior portfolio manager in the Bridge Capital Finance Group, and was subsequently promoted to group manager in 2005." Previously he was senior vice president, manager, silicon Valley Bank (1994-July, 2002), officer, Concord growth Corporation (1990-1994). University of California, Irvine Economics, Social Sciences (1983 – 1987), University of California, Irvine BA, Economics (1983 – 1986).
http://www.linkedin.com/pub/lee-shodiss/11/389/4a5


 

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Last Week 30 Day - 25% Off Summer Special Offer

25% Off regular rate below plus 30 day run

Help Wanted Web Ad New Programs

Classified Ad Section 

21 days in a row:
$595 four lines (a space is a line) 
($40 each additional line or space)

All you need do is send us the copy or the position description you want to fulfill and we do the rest. We will design the ad with the idea to fit you budget best, as well as recommend a “click to a web page” or seprate full page job description. Lines and spaces determine the price of the “help wanted ad” as the Logo is free as well as company description at the bottom of the ad (not to exceed the number of lines of the ad.) Also freeclick to a click to a web site or a full description of the position.

Ads are placed in the "Help Wanted' section by category, alphabetical, with the ad with the most lines first in the group. They appear on the web site and in each news edition at the top, not in flash, but in separate news editions. (The “help wanted” top ad are changed in each news edition in sequence with other “help wanted” ads, mostly in a chronological basis.) The ad always appears in the classified help wanted section in each news edition, plus remains on the web site, even when it appears at the top of the headlines.

Most readers scroll the newsletter, or those directly interested in classified, will click on the headline and go direct to the news edition classified help wanted section, or click on the web site, and go to it at this site.

Leasing News reserves the right to refuse advertising, particularly to a company that has appeared in the complaint bulletin board

 

 

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Debt Collector sends Collection Letter to
Debtor’s Employment, Creates Class Action Suit
by Tom McCurnin, Esq.
Barton, Klugman & Oetting
Los Angeles, California

Tom McCurnin

File this one under the heading,
“What In The World Were They Thinking?”

Debt Collector Creates Class Action By Sending Letter to Debtor’s Employer; Collector’s Supervisor Compounds the Mistake By Not Having Policies in Place.

A debt collector sent a collection letter to a debtor to the debtor’s place of employment addressed substantially as follows:

Catherine Evon
PERSONAL AND CONFIDENTIAL
C/O Homeq Servicing
4837 Watt Ave # 100
North Highlands CA, 95660

To add insult to injury, the collector put the letter in a window style envelop and directly below the address, had the creditor’s name and balance information. The employer’s mail room opened the envelope, as is their policy, and routed it to the debtor, but not before it was read by several inquisitive employees.

Now, we can all probably roll our eyes over this and try to explain this action by the assumption that it was just an aggressive dumb collector who couldn’t find the debtor and sent out this letter in a one-time genuine and honest attempt to locate the debtor.

No, actually, the collector was an employee of a law firm and the lawyer actually signed the letter. And it gets worse. According to the appellate decision, the lawyer instituted this as a standard practice, even though the lawyer had her home address. He sent the letter to the employer just to, well, mess with the debtor. But wait—there’s more—and it gets worse. The lawyer did this all the time and there were 262 instances of sending collection letters just like this one, to debtor’s place of employment where he knew the borrower’s home address.

The debtor, Catherine Evon sued for damages and for a class action.

The firm was helped out by a friendly District Court Judge, who found that that Evon owed the debt (and granted summary judgment in favor of the creditor) and Evon’s class action was likewise thrown out. Evon appealed.

On appeal, the Ninth Circuit reinstated the case, and basically gave the debtor a complete victory, reinstating her class action, giving her attorney fees, and replacing the trial judge.

First, the Ninth Circuit held that one may not send a collection letter to an employer, even if it is marked “personal and confidential.” See Fair Debt Collection Practices Act 15 U.S.C. § 1692(a). This is pretty basic. By the way, putting “personal and confidential” on the envelope doesn’t work. The statute’s comments point out the opposite, that sending such letters might per se indicate that the letter was a collection letter. Staff Commentary on the Fair Debt Collection Practices Act, 53 FR 50097-02, 1988 WL 269068 (1988), Principal Revision 7.

Second, the Ninth Circuit found that the law firm sent similar letters to 262 people. Thus, this case qualified for a class action. The group was numerous, the claims were typical and common, and the lawyer his client were adequate representatives for the class.

Third, the lawyer tried to argue that the letter was an honest mistake. This was hard to do, since he was a collection lawyer with 25 years’ experience. To be eligible for the bona fide error defense, the lawyer would have to show that (1) he violated the FDCPA unintentionally; (2) the violation resulted from a bona fide error; and (3) he maintained procedures reasonably adapted to avoid the violation. In a clear shot to the lawyer, the Ninth Circuit stated,

“The record is clear that Mickell intentionally sent letters to the workplaces of putative class members and that he had no procedures in place to discern a debtor's consent prior to sending the letters”

Thus, the Ninth Circuit found the lawyer guilty, and to add insult ordered the lower court to certify a class action against him, and ordered the lower court to consider an attorney fee request of over $90,000! Given the trial judge’s over-zealous passion for the defense, the Court reassigned the case to another judge.

The case is Evon v. Law Offices of Sidney Mickel, 2012 WL 3104620 (9th Cir. 2012).

The lessons for the equipment lessor are twofold. The first is obvious—Don’t send collection letters to the debtor’s place of business--period. If you believe that you have permission to do so, make sure that this permission is in writing.

The second lesson is a bit more subtle. Mistakes happen. Every collection shop or lease servicer should have company-wide policies in place written by someone who knows the FDCPA, and the company should use them and conduct training classes.

It is important to note that the bona fide mistake defense is in play, only if the company has policies and uses them. The fact that a company has policies in place and uses them often carries the day.

So, at the end of the day, if you have written policies and one of your collectors is a loose cannon, you can throw him/her under the bus while saving the company thousands in defense costs.

Tom McCurnin
Barton, Klugman & Oetting
Los Angeles, California
email: tmccurnin@bkolaw.com
Voice: (213) 621-4000
Fax (213) 625-1832
Visit our Web Site at www.bkolaw.com

CASE
http://leasingnews.org/PDF/FairDebtCollectionPractices.pdf

Previous Tom McCurnin Articles:
http://www.leasingnews.org/Conscious-Top%20Stories/leasing_cases.html





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WHY I BECAME A CLP


Larry LaChance, CLP
President-Bankers Capital-Northborough, MA


I look back at when I entered into the Leasing Industry almost 30 years ago. I, like most people, fell into this industry by accident. I graduated from high school and went directly into business for myself because at that time I had an opportunity to make more money being self employed than from going to college for four years and getting a job. The experience and exposure you get in business is invaluable and it is something you don’t get in High School or College. They don’t teach Leasing or how to be successful in business in high school or College. In my endeavors to get rich at an early age, I entered into the Automobile Leasing Industry by answering an ad. That only lasted for nine months. As a result of that short experience, I then joined an independent Equipment Leasing company back in 1984. I was soon a partner in that company and we had a great run until most partners see things differently. We decided to get a corporate divorce in 1990 and I started all over again. Somehow this industry grows on you once you are in it.

During those first 6 years in the industry, I saw how valuable getting involved with the Industry Associations were and going to the annual conferences were. This business is all about relationships and the people you know. You will never be successful in this Industry by doing it yourself and hibernating in a cave.

Back in the 90’s, as a member of the United Association of Equipment Leasing ((UAEL) (now the National Equipment Finance Association)), I attended all the annual conferences. The CLP course and designation was becoming more pronounced and recognized. Johnnie Johnson was the CLP at that time who was conducting the classes and the exams. I had been actively running an independent Leasing company for the last 10-15 years and I said to myself, do I really need this? I thought I knew most everything the course taught because I lived and breathed it every day. I also figured if I did take the test, I would pass it.

I also noticed that there was no other recognition or designation in the Industry for those who knew everything that it took to pass the CLP exam. I have always been up for a challenge and I had to know if I wanted to be the “Best of the Best in Leasing,” I had to have my CLP designation. So one year the UAEL annual conference was to be held in Las Vegas, so that was the year I decided I would extend my stay at the conference and take the test. I’m glad I did. It was the first time I really had ever taken a standardized test since I never went to college or took SAT’s. It was a little challenging because of the time constraints of each module. The only advice I would give to anyone considering taking the exam is to study all the areas you’re not proficient in and then just do it. You will either know the answers or you won’t. You won’t pass by guessing.

Passing the CLP is like getting your doctorate in your profession after you have proven yourself. I always wondered how you could get all those Bachelor’s, Master’s and Doctorate degrees in College in an area of study BEFORE you have even gotten a job in that profession and proven yourself. The CLP designation is more than just a pin or a plague on your wall. It shows that you have proven that you’re Certified as the Best of the Best in Leasing. That is how I answer the question: What does CLP stand for?

The CLP designation won’t make you any more money the day after you take the test. What it will do is put you in a higher esteem with your peers within the Industry. CLP’s know the difference between those that are and those that aren’t.

Anyone in this industry can call themselves a Leasing Professional, but only a small few can say they are a Certified Leasing Professional. Would you want to invest your money and future retirement with any financial planner or do you think you might have better success with a Certified Financial Planner? Ask your customers that and see if you win over a transaction or two over your competition.

Previous Why I became a CLP
http://www.leasingnews.org/CLP/Index.htm

 


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Leasing Association 2012 Conferences






2012 Naelb Eastern Regional Meeting
September 7-8
Baltimore, Maryland
Westin Baltimore Washington Airport Hotel

Linda P. Kester
2012 NAELB Eastern Regional Meeting Chair
Institute for Personal Development

Schedule includes:

How to Get Your Deal to the Top of the Pile
Bill Baskerville, Team Funding Solutions
Kim Baughman, First Federal Leasing
Dwight Galloway, CLP, RLC Funding

The Secret to Working with Local Banks
Marketing with LinkedIn, Facebook & Twitter [CLP-CPE Credit]
Finding Leads in a Difficult Economy
Presented by Linda Kester, Institute for Personal Development

Full Schedule:
http://www.naelb.org/displaycommon.cfm?an=1&subarticlenbr=291


NAELB Regional Meeting Exhibitors:

360 Equipment Finance
Amerisource Funding, Inc.
Axis Capital, Inc.
Bankers Capital
Blue Bridge Financial, LLC
Bryn Mawr Funding
BSB Leasing, Inc.
Channel Partners, LLC
CLP Foundation
Dakota Financial, LLC
Financial Pacific Leasing, LLC
First Lease, Inc.
Maxim Commercial Capital, LLC
Merchant Cash and Capital, LLC
MicroBilt Corporation
On Deck Capital
Pacific Western Equipment Finance
Pawnee Leasing Corporation
Preferred Business Solutions
RLC Funding, a Division of Navitas Lease Corp.
Stalwart Contract Finance, LLC
TEAM Funding Solutions
TimePayment Corporation
TruckLend.com

Registration:
https://www.paymyassociation.com/displayemailforms.cfm?SessionId=EBCE357E-C299-4734461C6EAFFE7153C4&emailformnbr=177958&event=381180

Hotel Reservations Available
https://www.starwoodmeeting.com/StarGroupsWeb/booking/reservation?id=1205167547&key=426B6


 

September 12-14, 2012

Canadian Finance & Leasing Association Conference
The Westin Calgary
Calgary, Canada

General Information
http://www.cfla-acfl.ca/wp-content/uploads/2011/12/Conference2012-General_Info.pdf

Exhibitor Information:
http://www.cfla-acfl.ca/2012/05/10/become-an-exhibitor-cfla-conference-21012/

 


 

September 13—15
Funding Symposium
Rennaisance Washington, DC Dupont Circle Hotel
1143 New Hampshire Avenue, NW
Washington, DC 20037-1522

Major General William D. Wofford, The Adjutant General, Arkansas National Guard, will speak at NEFA’s Funding Symposium in Washington, DC, Friday, September 14, 2012.

General Wofford will speak about the issues facing active duty military service members and their families both during deployment and upon their return, as well as the benefits to businesses of hiring veterans.

Kyle Gilliam, CLP, President of Arvest Equipment Finance, and a Member of the Board of Directors of NEFA, said “Having had the pleasure of serving on Major General William Wofford's Air Guard Staff, I know his experiences as the acting Adjutant General for the State of Arkansas will provide a great amount of clarity in regards to issues facing today’s veterans and their families.” Gilliam retired from the Arkansas Air National Guard in 2011 after 27 years of service.

Chairperson for 2012 Funding Symposium
Lori A. Dean, CLP,
VP, Equipment Finance Operation Manager
Arvest Equipment FinanceSpeakers

Speakers

Andy Alper
Frandzel, Robins, Bloom & Csato

Barry Marks
Marks & Weinberg, P.C.

Dwight Galloway
RLC Funding a Division of Navitas Lease Corp

Eric Myers
TAB Bank

Frank Peretore
Peretore & Peretore, P.C.

Geoff Peters
Weltman, Weinberg & Reis Co., L.P.A.

Joe Leonard
Oakmont Capital Services

Roxana Safranek
LeaseTeam, Inc.

Skip Wehner
Pinnacle Capital

Terey Jennings
Financial Pacific Leasing, LLC

Registration:
https://m360.nefassociation.org/event/registration/login.aspx?eventID=41686

Exhibitors

Allegiant Partners Inc
Bank of the West
Bryn Mawr Funding
Boston Financial & Equity Corporation Capital Access Network, Inc.
Channel Partners, LLC
CLP Foundation
Dakota Financial, LLC
Diversified Lenders, Inc.
ECS Financial Services, Inc.
EquipmentEngine Financial Services Company, LLC
Financial Pacific Leasing, LLC
Great American Insurance
GreatAmerica Portfolio Services Group, LLC
LeaseTeam, Inc.
Maxim Commercial Capital, LLC
Monitor Daily
NEFA Newsline
On Deck Capital
PacTrust Bank Equipment Finance
Pawnee Leasing Coporation
Quiktrak, Inc.
RLC Funding
RTR Services, Inc.
TAB Bank
Varilease Financial, Inc.

More about Exhibitors:
http://nefassociation.org/displaycommon.cfm?an=1&subarticlenbr=200





 


October 21-23
ELFA 51st Annual Convention
JW Marriott Desert Springs
Palm Desert, California

Keynote Speakers
THE HONORABLE SHEILA C. BAIR
19th Chairman of the Federal Deposit Insurance Corporation

RUSSELL G. GOLDEN
Member, Financial Accounting Standards Board

SCOTT DEMING
Expert in Branding and Marketing

Convention Brochure, Register, Community Service Projects
http://www.elfaonline.org/Events/2012/AC/

 

Monday, September 17, 2012: Last day to receive the special ELFA convention rate for your accommodations at the JW Marriott Desert Springs.

Tuesday, October 9, 2012: Last day for mail-in and online registrations. After this date registrations can be made on-site. Please note: There are no refunds of registration fees after this date.


 


November 4-5
2012 Expo NJ Super Regional Meeting
Teaneck Marriott at Glenpointe



 


November 7 - 9, 2012

32nd Annual Fall Conference
Hilton La Jolla Torrey Pines
La Jolla, California




 


November 14-16
67th Commercial Finance Conference
JW Marriott Hotel
Phoenix, Arizona


 


April 18-20, 2013
Annual Conference
Las Vegas, Nevada

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

 

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#### Press Release #############################

NEFA Member of the Year Award to be Renamed
Chris Walker Memorial Member of the Year Award
and Chris Walker, CLP, Education Fund is Created

Chris Walker, CLP
(Photo: GreatAmerica Corporate Directory)

Raleigh, NC – The National Equipment Finance Association (NEFA) announced that it would rename it’s Member of the Year Award to honor the late Chris Walker, CLP, last year’s recipient of the award. The first presentation of the Chris Walker, CLP, Memorial Member of the Year Award will be at NEFA’s annual business meeting luncheon to be held during the 2012 Funding Symposium in Washington, DC, September 13-15. In addition, an education fund has been established in Chris Walker’s name.


Hugh Swandel

NEFA President, Hugh Swandel, of the Alta Group, said “The NEFA Member of the Year Award honors the selfless efforts of members who strive to improve and give back to our industry. Chris Walker, CLP, embodied the spirit of giving back by actively helping NEFA and its members as a volunteer. It is an honor to recognize NEFA volunteers in Chris’s name and recipients can only aspire to meet the level of dedication constantly provided by Chris Walker, CLP.”


Chris Enbom, CLP

Among his many industry related volunteer activities, Chris Walker, CLP served on the Board of NEFA. Past NEFA President, Chris Enbom, CLP, of Allegiant Partners, an industry colleague and friend of Chris Walker’s said, "Chris Walker was a dear friend of mine. He loved the equipment finance business and passing on that knowledge to others. Just as importantly he loved music and we would often sneak out for a couple hours to play. He was a great soul and he dedicated countless hours to CLP, NEFA and NAELB. It is an honor for us to recognize other NEFA volunteers in Chris' name."


Education Fund Created in Chris Walker’s Name


Gerry Egan

“Since Chris Walker, CLP, passed away last year, many NEFA Members and other industry professionals have asked if there was some way they could make a donation to honor and continue Chris’ great service to this industry”, said Gerry Egan, Executive Director of NEFA. “As the decision was made to rename the NEFA Member of the Year Award, donations just began to come in. In response, NEFA has also created the Chris Walker, CLP, Education Fund. Chris was a tireless proponent of industry education, as evidenced by his active participation in conferences, classes and committees of a range of industry groups.”

In the spirit of Chris Walker’s passion for education and his embrace of all efforts and opportunities that supported it, the Chris Walker, CLP, Education Fund will be used to further the education and professional development mission of NEFA both within the Association and beyond it. Donations may be made to the fund by clearly marking them as being for the Chris Walker, CLP, Education Fund and mailing them to NEFA or online through the NEFA website.


Doug Olson

Doug Olson, Vice Chairman of the Board and Chief Risk Officer, of GreatAmerica Leasing Corporation, where Chris Walker, CLP, was Vice President of Sales, said “Chris Walker was a champion for education both within our company and within the industry. He would undoubtedly be very honored that his influence on the professionalism and expertise of our industry will continue well beyond his lifetime through this education fund.”


Rosanne Wilson, CLP, B.P.B.

Rosanne Wilson, CLP, B.P.B., President of the CLP Foundation, said “The CLP Foundation was so blessed to have had the outstanding leadership of Chris Walker as President in 2010 and 2011. Chris was truly devoted to advancing education in the equipment financing industry. We still feel his presence at the Foundation. Chris fought hard to encourage others to become CLPs and I am sure he is smiling from heaven looking at this year's increase in new CLP applicants. Chris gave so much of himself and his time to promote the importance of education and involvement in the industry. He has left behind a great legacy with his years of service and friendship to so many whose lives he touched.”

For more information about the presentation of the Chris Walker, CLP, Memorial Member of the Year Award, the Chris Walker, CLP, Education Fund, or the 2012 Funding Symposium, please call NEFA at: 847-380-5050, or go online to: www.NEFAssociation.org.

About National Equipment Finance Association
The National Equipment Finance Association (NEFA) is a national association serving small to mid-sized independent equipment finance companies, lessors and brokers. NEFA is a strong association offering enhanced educational programs and premium networking opportunities with broad geographic and industry segment diversity. The mission of NEFA is to provide a forum for members to pursue personal and professional growth and promote ethical business practices through advocacy, networking and industry involvement. For more information, visit: www.NEFAssociation.org or call: 847-380-5050.

##### Press Release ############################


Send Leasing News to a Colleague. We are free!!!

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Labrador Retriever/German Shepherd Dog Mix
Newport Beach, California Adopt-a-Dog


Cola
ID#: 4652537
Female
Three Months

I am already spayed, housetrained, up to date with shots, good with kids, and good with dogs.”

Cola's Story...

Cola is a 3 month old girl who is friendly and calm. She is the 'older sister' of the bunch and has a calm, outgoing manner.

These babies started out their lives in very harsh conditions. They were living in a field, huddled together while their mother did her best to protect them. They are safe with GSROC, happy and healthy.

We have promised them there are families who will love and cherish them. They have all been vaccinated, dewormed and will be microchipped prior to adoption.

Please remember, while puppies are very cute and endearing, they need training and love to become wonderful adults. They are cute and cuddly but also full of energy. It is a life long commitment and one that needs to be carefully thought out.”

If you are interested in meeting one of the Soda Pop puppies, please complete the online application and an adoption counselor will contact you.

Please go to our website and complete an adoption application at: http://www.gsroc.org/application.asp. An adoption counselor will contact you to go over your application and assist you in determining which dog may be best for your particular situation.

Contact This Rescue Group...
Rescue Group: German Shepherd Rescue of Orange County
Pet ID #: 4652537
Contact: Maria Dales
Phone: (714) 974-7762
Let 'em know you saw "Cola" on Adopt-a-Pet.com!
E-mail: info@gsroc.org
Let 'em know you saw "Cola" on Adopt-a-Pet.com!
Fax: (714) 773-9430
Website: http://www.gsroc.org
Address: Newport Beach, CA 9266


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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Fernando's View
By Fernando F. Croc

A challenging voyage ("Cosmopolis") and daffy animation ("ParaNorman") make an unlikely but delightful double-bill at the box-office, while offbeat comedy ("Bernie"), Oscar-winning drama ("A Separation") and an overlooked Disney tale ("The Aristocats") come to DVD.

In Theaters:


Cosmopolis (Entertainment One): Following last year's relatively subdued period piece "A Dangerous Method," director David Cronenberg is up to his thrillingly perverse tricks again with this often brilliant dark comedy. Robert Pattinson stars as Eric Packer, a young millionaire whose simple plan to get a haircut turns into a long day full of discoveries and upheavals as his stretch limo makes its way through Manhattan. While engaging in business war with Chinese rivals, Eric goes on a free-flowing, almost stream-of-consciousness series of encounters with employees, protesters and ex-wives, resulting in a voyage that threatens to challenge his life's steely capitalistic principles. Relying more on mood and concepts than on plot, the film makes for difficult viewing for some viewers, but Cronenberg's crisp style and a cast that includes Juliette Binoche and Paul Giamatti make it a worthy trip.


ParaNorman (Focus Features): Aardman, the beloved British studio behind Wallace and Gromit, delivers another marvelously off-kilter animated feature, which teams "Flushed Away" director Sam Fell with Chris Butler (who worked on "The Corpse Bride"). Norman Babcock (voiced by Kodi Smit-McPhee) is a boy whose fascination with horror movies seeps into real life as he starts to talk with the many ghosts hovering around his small New England town. When an ancient curse literally raises the dead, however, Norman must use his knowledge of creepy cinema to save his family and friends. Though the goofy and gooey zombies may be too much for young children, the movie's breathless blend of fun and fright makes it an early favorite for Halloween marathons.


Netflix Tip: One of the most consistently interesting filmmakers of the past three decades, David Cronenberg continues to challenge and provoke critics and audiences. So before seeing "Cosmopolis," check out this Canadian maverick's unique, often disturbing earlier films, from "Videodrome" (1982) and "The Fly" (1986) to "Spider" (2002) and "A History of Violence" (2005)

On DVD:

Bernie (Millennium): One of today's most versatile filmmakers, Richard Linklater continues to surprise audiences after over two decades in the business. This time, the director delivers a dark comedy based on bizarre yet true events, set in the tiny town of Carthage, Texas. Jack Black stars as Bernie Tiede, a straight-arrow funeral home director who, despite his occupation, remains one of the city's most beloved citizens. That is, until he befriends wealthy widow Marjorie Nugent (Shirley MacLaine), whose demanding ways eventually lead Bernie to take shocking action. Structured as a mock-documentary, the film somehow manages to turn tragic, sometimes grim subject matter into a creative and even endearing ode to human eccentricity, helped immensely by the pitch-perfect performances of Black, MacLaine and Matthew McConaughey.



A Separation (Sony): One of last year's finest films (and deserved winner of this year's Best Foreign Language Oscar), this taut Iranian drama is a powerful experience. The story centers around a married couple, Nader (Peyman Moaadi) and Simin (Leila Hatami), who are torn between moving abroad to offer better opportunities for their daughter, and staying home and taking care of Nader's father, who suffers from Alzheimer's. As each pleads their case before a court, we come face to face with the many clashing facets of a modern relationship, as well as the suffocating system in which they live. Directed by Asghar Farhadi with a tangible sense of emotional urgency and bureaucratic dread, this is an unmissable study of human struggle that's at once specific and universal, harrowing and compassionate. With subtitles.



The Aristocats (Walt Disney): Walt Disney studios work their "Lady and the Tramp" magic in this engaging, underrated animated feature from 1970. The story follows Duchess (voiced by Eva Gabor), a refined Parisian cat who, along with her three kittens, is kidnapped and driven from her home when Edgar, the family butler, discovers that they're the ones who'll be the sole heirs of his boss' fortune. While trying to find their way back to Paris, they meet O'Malley (Phil Harris), a smooth-talking, streetwise tomcat who helps them while introducing a colorful array of characters. Though often overlooked when it comes to Disney classics, the film (directed by Wolfgang Reitherman, the studio veteran also behind "The Jungle Book" and "The Rescuers") remains a charming and stylish tale with a delightfully jazzy score.



 


News Briefs----

 

Leasing Venture Offers 16,000 Trailers
http://www.ttnews.com/articles/basetemplate.aspx?storyid=29970&t=Leasing-Venture-Offers-16000-Trailers

US homebuilder confidence at 5-year-high in August
http://www.ajc.com/business/us-homebuilder-confidence-at-1499818.html

Al Schuler—Economy and Housing with charts
http://leasingnews.org/PDF/Housing_andtheEconomy.pdf

Cisco's earnings rise above Wall Street Expectations
http://business-news.thestreet.com/mercury-news/story/cisco-earnings-rise-above-wall-streets-modest-expectations/1

Caterpillar reaches tentative deal with Joliet machinists
http://www.chicagotribune.com/business/breaking/chi-caterpillar-reaches-agreement-with-joliet-machinists-20120815,0,697003.story

Burglar made off with Steve Jobs' wallet during heist, had $1 in it
http://www.nypost.com/p/news/national/burglar_made_off_with_steve_jobs_tosBzKCw25QJ8PGnqUzy

 


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You May Have Missed---

Kids want tech gadgets not clothes for new school year: survey
http://www.nypost.com/p/blogs/thespread/kids_want_tech_gadgets_survey_clothes
_PXBO6TA3Uie8f3dpoLvvPO




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SparkPeople--Live Healthier and Longer


SparkPeople--Live Healthier and Longer


Beat the Brown Bag Blues
http://www.sparkpeople.com/resource/nutrition_articles.asp?id=222



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Sports Briefs----

The NBC Sports Network Hopes Ratings Will Rise
http://www.nytimes.com/2012/08/16/business/media/the-nbc-sports-network-gets-an-olympics-assist.html?_r=1&ref=business

 

((Please click on ad to learn more))
(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)

 

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Baseball Poem

WHY BASEBALL WALTZES WITH LETTERS

by Tim Peeler

A Faulkner sentence is an extra inning game,
Simply and finally playing through its Will and exhaustion.

Third Base Coach signals are ee cummings poems-
Gimmicky, sure, but meaningful in their color
When you break the code.

The prisons play contests of Bukowski prose,
Where a stolen base may be a literal image
And everybody gambles nothing.

Weird killers load the bases at a
Stephen King Little League field, the sequel,
A grand slam promise at the bank.

Although Poe would never sit through nine,
His words are a dark season in the cellar,
A team leaving town and the death of a Beautiful groupie.

Finally, Wolfe who wrote slugfest
Double-headers played to million-footed
Throngs, then flickered like so many other
Stars never meant for extra innings.

---------------------- 
with the permission of the author, from his
book of baseball poetry:
“Waiting for Godot's First Pitch”
More Poems from Baseball

available from Amazon
or direct
from the publisher at: www.mcfarlandpub.com

 

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California Nuts Briefs---

California housing market posts gains in July
http://www.latimes.com/business/money/la-fi-mo-home-sales-20120815,0,2438694.story?track=rss




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“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

Silver Oak buys Sausal Winery
http://www.pressdemocrat.com/article/20120815/BUSINESS/120819732/1350?Title=Silver-Oak-buys-Sausal-Winery

Vineyard that survived the Great French Wine Blight becomes first living thing to be classified as historic monument
http://www.dailymail.co.uk/news/article-2187344/Vineyard-survived-Great-French-Wine-Blight-living-thing-classified-historic-monument.html?ito=feeds-newsxml

US billionaire extends NZ wine interests
http://www.thedrinksbusiness.com/2012/08/us-billionaire-extends-nz-wine-interests/

'Don't call us a cult' – Screaming Eagle
http://www.decanter.com/news/wine-news/530326/don-t-call-us-a-cult-screaming-eagle




Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Winery Atlas
http://www.carterhouse.com/atlas/\

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm

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Mr. Terry Winders available as a consultant regarding assisting attorneys in resolving disputes or explaining procedures or reviewing documents as utilized in the finance and leasing industry.

He is the author of several books, including DVD's, as well as weekly columnist to Leasing News. He also performs audits of leasing companies as an expert on documentation, and has acted as an expert witness on leasing for litigation in legal and tax disputes, including before the IRS. He also has taught the senior bank examiners, how to review a bank leasing department, for the Federal Reserve in Washington D.C. and has trained the examiners for the FDIC on how to prepare a lease portfolio for sale.

502.649.0448/Leaseconsulting@msn.com

This Day in History

     1777-Bennington Battle, a major victor for the colonial army, primarily because the battle was delayed by rain.  The rain delayed British reinforcements, and allowed the Vermont Militia to arrive in time, enabling the Americans to win a victory by defeating two enemy forces, one at a time
http://darter.ocps.net/classroom/revolution/benn.htm
http://www.matmice.com/home/hockey
http://www.virtualvermont.com/history/benbattle.html
http://www.revolutionaryday.com/usroute7/bennington/
    1780-In the Battle of Camden, S.C., American forces under Gen. Horatio Gates were defeated by the British under Gen. Charles Cornwallis.   Baron Johann de Kalb, a Prussian officer who was commissioned a general in the Continental Army, was mortally wounded in the battle.  Gates suffered disastrous losses.  Nearly 1,000 Americans killed and another 1,000 captured by the British. British losses about 325.  One of America's worst defeats in the war.  General Washington replaced gates with Nathaniel Greene, who is credited with “brilliance” in turning the war situation around as outlined on his birthday, August 7.
http://www.multied.com/Bio/RevoltBIOS/KalbJohann.html
http://home.sprintmail.com/~robtmarj/thecollinsfamily.html
http://www.co.dekalb.ga.us/history.htm
    1812 -- A mass meeting in NYC denounces the War of 1812.
    1812-Brigadier General William Hull surrendered Detroit to British forces under General Isaac Brock, making no attempt to defend the city though the attacking force was smaller than his own. Hull was court-martialed two years later for yielding without resistance.
http://www.factmonster.com/ce6/people/A0824487.html
http://www.cr.nps.gov/museum/exhibits/revwar/image_gal/indeimg/hullgen.html
    1813- Sarah Porter - U.S. educator. SP created Miss Porter's school in Farmington, CN, one of the outstanding school for girls in the nation.   Raised in an exceptional family that produced a president of Yale College allowed her to study the classics to an extended degree, this brilliant woman started her successful school in 1843.Initially she kept the school small teaching Latin, French, German, chemistry, natural science, mathematics, history, geography, and music in addition to the basic subjects. She gradually added staff and accommodations but took pains to maintain the schools standards which were unique in the nation for their excellence. , She also demanded strong characters. She was also way ahead of her times by insisting on daily exercise for the girls.  
    1829- Taking the country by storm, Robert Hung of Boston, MA, brought the Siamese twins Chang and Eng into the United States. They were born on April 15, 1811, in Bangesau, Siam, of a Chinese father and a -Siamese mother. They were joined at the waist by a cartilaginous band about four inches long and eight inches in circumference. They grew to be about 5 feet 2 inches in height, and, since they faced in the same direction, could walk, run, and swim. They were exhibited throughout the United States and later in Europe. They were married in April, 1843 to two sisters, Sarah and Adelaide Yates. Chang had 10 children and Eng nine children.   They died within three hours of each other on January 17,1874.  The name “Siamese twins,” meaning twins whose bodies are connected in any of a variety of ways, is derived from them.
http://engandchang.twinstuff.com/
http://bullseyedesigns.com/sideshow/people/twins/chang_eng.htm
    1861- Several newspapers in the Union states were brought to court for alleged pro-Confederate sympathies, including the Brooklyn Eagle, the New York Journal of Commerce, and the New York Daily News.  On August 19, an editor for the Esses County Democrat in Haverhill, Massachusetts was tarred and feathered for his Southern leanings expressed in the newspaper.
    1881--WILLIAMS, MOSES Wartime Medal
Rank and organization: First Sergeant, Company I, 9th U.S. Cavalry. Place and date: At foothills of the Cuchillo Negro Mountains, N. Mex., 16 August 1881. Entered service at. ------. Birth: Carrollton, La. Date of issue: 12 November 1896. Citation: Rallied a detachment, skillfully conducted a running fight of 3 or 4 hours, and by his coolness, bravery, and unflinching devotion to duty in standing by his commanding officer in an exposed position under a heavy fire from a large party of Indians saved the lives of at least 3 of his comrades. 
    1915-Birthday of singer Al Hibbler, Little Rock, AR
    1909 - A dry spell began in San Bernardino County of southern California that lasted until the 6th of May in 1912, a stretch of 994 days! Another dry spell, lasting 767 days, then began in October of 1912. http://www.arjazz.org/artists/hof/1995/95_al_hibbler.html
    1922- Louis Lomax, author, born.http://www.alan-lomax.com/about_bio.html
    1916 - Altapass NC was deluged with 22.22 inches of rain in 24 hours to establish a state record
    1926-Birthday of pianist Mal Waldron, New York City
http://www.enjarecords.com/mal-waldron.htm
http://www.jazzinbelgium.org/guest/waldron.htm
    1929—Pianist  Bill Evans birthday 
http://www.downbeat.com/artists/window.asp?action=new&aid=50&aname=Bill+Evans
http://members.aol.com/gsonjazz/evans/be-home.htm
http://www.billevans.org/BBS/index.asp
    1931-Birthday of Eydie Gorme - U.S. pop vocalist. EG was a popular nightclub and recording star. She often appeared with her husband Steve Lawrence, but she maintained a much better separate recording career that kept her near the top of the charts for a long, long time. The duo had a TV show (1959).
    1936 -- Jesse Owens leaves Berlin Olympics with four gold medals.    1938 - Benny Goodman and his band, and a quartet, brought jazz to Carnegie Hall in New York City. When asked how long an intermission he wanted, Benny said, "I don't know. How much does Toscanini get?"
    1942 - For Columbia Records, Kay Kyser and the band recorded "A Zoot Suit", about the problems associated with wearing the garish, fashion.
    1942 - A TWA transport carrying film actress Carole Lombard, her mother, and 20 other passengers, crashed near Las Vegas, Nevada. All aboard were killed.
    1944 - General Dwight Eisenhower was appointed Commander-in-Chief of the Allied Expeditionary Force and asked to plan the launch of a second front in Western Europe.
    1950-Nat “King” Cole with the Stan Ken Band, records “ Orange Colored Sky, “ Los Angeles.
    1950-Birthday of drummer Alvin Queen, New York City.
    1951—Top Hits
Too Young - Nat King Cole
Come on-a My House - Rosemary Clooney
My Truly, Truly Fair - Guy Mitchell
Hey, Good Lookin' - Hank Williams
    1952-SHUCK, WILLIAM E., JR.
Rank and organization: Staff Sergeant, U.S. Marine Corps, Company G, 3d Battalion, 7th Marines, 1st Marine Division (Rein.). Place and date: Korea, 3 July 1952. Entered service at: Cumberland, Md. Born. 16 August 1926, Cumberland, Md. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while serving as a squad leader of Company G, in action against enemy aggressor forces. When his platoon was subjected to a devastating barrage of enemy small-arms, grenade, artillery, and mortar fire during an assault against strongly fortified hill positions well forward of the main line of resistance, S/Sgt. Shuck, although painfully wounded, refused medical attention and continued to lead his machine gun squad in the attack. Unhesitatingly assuming command of a rifle squad when the leader became a casualty, he skillfully organized the 2 squads into an attacking force and led 2 more daring assaults upon the hostile positions. Wounded a second time, he steadfastly refused evacuation and remained in the foremost position under heavy fire until assured that all dead and wounded were evacuated. Mortally wounded by an enemy sniper bullet while voluntarily assisting in the removal of the last casualty, S/Sgt. Shuck, by his fortitude and great personal valor in the face of overwhelming odds, served to inspire all who observed him. His unyielding courage throughout reflects the highest credit upon himself and the U.S. Naval Service. He gallantly gave his life for his country.
    1953-Birthday of Kathie Lee Gifford - U.S. TV personality who starred for many years in the hit daytime show Live with Regis & Kathie Lee. She retired from the show in 2000 to concentrate on her acting and singing.
    1953-Birthday of singer James “JT” Taylor, South Carolina.
    1958-Birthday of Madonna Louis Veronica Ciccone, known popularly as “Madonna, “ born Bay City, MI.
    1952-Baritone saxophonist Gerry Mulligan, with Chet Baker, cuts first piano less quarter, Los Angeles (Pacific Jazz is born!!!)
    1957--- Buddy Holly and The Crickets, still being billed by the band name only, begin a six-night engagement at Harlem's famed Apollo Theater, the first white rock act to play the venue. Although crowds boo a little at first -- many, including the venue, assumed they'd be seeing R&B vocal group The Crickets -- by the third night of the engagement Buddy's energy and songs have won them over.
    1957-- Ricky Nelson releases "Be-Bop Baby"
    1957-- The Everly Brothers release "Wake Up Little Susie," which becomes their number one big hit, although banned by many radio stations as it is about a girl who falls asleep at a party and wakes
up the next day. 
    1959—Top Hits
A Big Hunk o' Love - Elvis Presley
My Heart is an Open Book - Carl Dobkins, Jr.
There Goes My Baby - The Drifters
Waterloo - Stonewall Jackson
    1961 - Mickey Mantle signed the contract that made him the American League's highest paid baseball player. "The Mick" played the 1961 season for $75,000. In the National League, Willie Mays, made more money than any other baseball player with a contract for $85,000.
    1962-Two years and four days after joining, Pete Best was fired from The Beatles by manager Brian Epstein, who was told by record producer George Martin that he wanted to use a more experienced session drummer on the band's recordings. . Incredibly, Epstein then asks Best to fulfill his commitment and play the group's show that night in Cheshire's Riverpark Ballroom, but when he doesn't show, the group is ready with a replacement: Johnny Hutchinson of fellow Merseybeat group The Big Three. John, Paul and George had long admired the work of Rory Storm And The Hurricanes' drummer Ringo Starr, who jumped at the chance to join them Fans will react badly to the news, pummeling the group at their next few shows, sending petitions to local papers, and shouting "Pete Best forever, Ringo never!" at the Cavern. After his dismissal, Pete Best would never have any further communication with his former mates. 
    1962-The first single by Little Stevie Wonder, "I Call It Pretty Music" was released. Marvin Gaye played drums on the track that failed to gain much attention. Twelve year old Stevie would have his first hit a year later with "Fingertips Pt. 2". 
    1962-Peter, Paul and Mary released their first US Top 10 hit, "If I Had a Hammer". 
    1962- Detroit harmonica prodigy "Little" Stevie Wonder releases his first single, "(I Call It Pretty Music, But...) The Old People Call It the Blues," featuring another newcomer, Marvin Gaye, on drums. It fails to chart.
    1964 - In New York City, "Hello Dolly!" starring Carol Channing opened at the St. James Theatre. A musical adaptation of Thornton Wilder's play, "The Matchmaker", the show, was called the "possible hit of the season" by critics. "Hello Dolly!" played for 2,844 performances, before returning to in the 1990s with, again star, Carol Channing.
    1965 - Reportedly, the San Francisco Giants continued to pay Willie Mays $105,000 a year. In exchange, he gave them a .317 batting average, a slugging percentage of .645, and 52 home runs in return. In 1965, Willie took home the MVP award.
    1967—Top Hits
Light My Fire - The Doors
All You Need is Love - The Beatles
Pleasant Valley Sunday - The Monkees
I'll Never Find Another You - Sonny James
    1968-- The Jackson Five perform their first official live gig, opening for Diana Ross and the Supremes at the (Great Western) Forum in Los Angeles. 
    1969-The second day of three for The Woodstock Music and Art Fair  on Max Yasgur's farm in Bethel, New York. Over 400,000 attend, most without tickets, which prompts officials to say the festival is open and free. Those up on stage include Jimi Hendrix, Santana, Sly and the Family Stone, the Who, the Grateful Dead, Joan Baez, Janis Joplin, Joe Cocker, Canned Heat, Crosby, Still Nash & Young and the Jefferson Airplane among others. Things that helped make Woodstock a unique event included, but were not limited to, rampant drug use, not enough food, and sanitation, three deaths, two births and four miscarriages. (1969)
    1975—Top Hits
Jive Talkin' - Bee Gees
One of These Nights - Eagles
Someone Saved My Life Tonight - Elton John
Wasted Days and Wasted Nights - Freddy Fender
    1976 - A&M Records released the album, "Frampton Comes Alive". The double LP soon reached the top spot of the album charts for a 17 week stay. Its first year out, it sold 19 million copies.
    1977- TCB (Taking Care of Business), Elvis Presley leaves Earth, as he was pronounced dead at the  Memphis Baptist Hospital at 3:30pm, Eastern time,  at the age of 42.  In the first “Men in Black,” we see him leave our planet.  Here it is the anniversary of his death is an occasion for pilgrimages by admirers to Graceland, his home and gravesite at Memphis, Tennessee. (official site for “live” coverage and movies: http://www.elvis-presley.com). After an examination of the body, it is revealed that Presley's body contained butabarbital, codeine, morphine, pentobarbital, Placidyl, Quaalude, Valium and Valmid. It had been five years since the King had a US Top Ten hit with the number 2 song, "Burning Love". His last US number 1 was 1969's "Suspicious Minds". He left an estate valued at 4.9 million dollars, which by 1993 had grown to between 50 and 100 million. 
    1979--The biggest single of the summer is The Knack's "My Sharona," which goes gold. The success of the group is the gimmick of Beatle-esque posturing which the group treats as tongue-in-cheek. The Knack disbands less than two years later.
    1983-Paul Simon and actress Carrie Fisher get married. They would divorce in 1985
    1983—Top Hits
Every Breath You Take - The Police
Sweet Dreams (Are Made of This) - Eurythmics
She Works Hard for the Money - Donna Summer
He's a Heartache (Looking for a Place to Happen) - Janie Fricke
    1984 - The U.S. Jaycees voted to admit women to full membership in the organization.
    1984 - At the 11th annual American Music Awards, Michael Jackson received eight awards, including favorite pop and soul male vocalist, pop and soul album winner for "Thriller", pop and soul video winner for "Beat It" and best pop song for "Billie Jean".
    1985-Madonna and actor Sean Penn get married in Malibu, as helicopters with photographers hovered overhead. They would divorce in 1989
    1985 - Hugh Hefner took the staples out of "Playboy" magazine, ending its 30-year tradition of stapling centerfold models in the bellybutton. The decision made the centerfold more difficult to remove it.
    1984-Los Angles federal jury acquits auto maker John Z DeLorean on cocaine charges.
http://www.dead-or-alive.org/dead.nsf/dnames-nf/DeLorean+John
http://www.dmcnews.com/biblio.html
http://babbtechnology.com/thecar/index.htm
    1986- Madonna's "True Blue," album goes #1 for 5 weeks & her single "Papa Don't Preach," goes #1 for 2 weeks
    1988- IBM introduces software for artificial intelligence.
    1991—Top Hits
(Everything I Do) I Do It for You - Bryan Adams
P.A.S.S.I.O.N. - Rhythm Syndicate
Every Heartbeat - Amy Grant
She's in Love with the Boy - Trisha Yearwood 
    1999—Top Hits
Genie In A Bottle- Christina Aguilera
Bills, Bills, Bills- Destiny s Child
Tell Me It s Real- K-Ci
Summer Girls- LFO
    2001-- After piloting the team 13 games above .500 in spite of numerous injuries to key players, manager Jimmy Williams is fired by the Red Sox. The ousted skipper is replaced by the club's well respected pitching coach, Joe Kerrigan.
    2001- Barry Bonds' second home run of the game and 53rd of the season breaks the franchise record established by his godfather, Willie Mays. With his first homer, the left fielder eclipses the National League record for home runs by a left handed batter established in 1947 by another Giant, Johnny Mize.
    2002 -after four days of delaying the decision, the executive board of the Major League Players' Association votes 57-0 to set an August 30 strike date. All eight previous negotiations since 1972 have resulted in work stoppages in the national pastime.
    2003- The USPS unveils a new commemorative postage stamp of recently-deceased composer Henry Mancini, famous for the Pink Panther theme and several other film works.
    2009- With his 3-for-4 performance in the Yankees' 10-3 loss in Seattle, Derek Jeter passes Luis Aparicio for most hits ever compiled by a major league shortstop. The New York infielder, collecting career hits #2,673 and #2,674 his first two at-bats, surpasses the Hall of Famer's total, who spent his 18-year career, ending in 1973, with the White Sox, Orioles, and Red Sox.

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