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Tuesday, December 29, 2009


(Ted Danson with wife actress Mary Steenburgen)

Actor Edward Bridge “Ted” Danson III (born December 29, 1947 San Diego, California, best known for his role as central character Sam Malone in the sitcom "Cheers (270 episodes, 1982-1993)," and his role as Dr. John Becker on the series "Becker (129 episodes, 1998-2004)," "Ink" as Mike Logan (22 episodes, 1996-1997), presently as Arthur Frobisher "Damages (20 episodes, 2007-2010)." His most notable film appearances were in “Three Men and a Baby” with Tom Selleck and Steve Guttenberg.
http://television.aol.com/celebs/ted-danson/1787384/biography

Headlines---

Armon Kamesar passed away December 11, 2009
 Benchmark Financial Groups, Aliso Viejo, CA
  Bulletin Board Complaint
    Classified Ads---Marketing
LEAF Specialty Finance for Sale/Or Else!
  by Christopher Menkin
FBI/US Atty. Gen. Indict Two More
  Operation Lease Fleece
Cartoon---What the dog really means
  Classified Ads---Help Wanted
 Top Stories-December 21-23
Leasing 102 by Mr. Terry Winders, CLP
  “What is Depreciation?”
 Confidence is up “1.6” reports ELFF
  Omaha, Nebraska---Adopt-a-Dog
News Briefs---
 Economy feeds local equipment leasing company
  New leasing programs make solar more affordable
   Troubled Georgia bank list grows again
    Stanford Texas Ponzi payoff probe
  Web sales are retailers' biggest gift
   Monitor publisher Parrotto/Industry Icon Berg
   You May have Missed---
    Sports Briefs
      "Gimme that Wine"
 Today's Top Event in History
    This Day in American History
     Football Poem
      SuDoku
       Daily Puzzle
        GasBuddy
  Weather, USA or specific area
     Traffic Live----

######## surrounding the article denotes it is a “press release”


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[headlines]

Armon Kamesar passed away December 11, 2009

1978
Armon Kamesar
American States Leasing
San Diego, California


From Larry B. Turner:

“I was Armon’s junior partner in American States Leasing and had the honor of learning most of what I know today about lending from him….what a great teacher and mentor he was! Armon was one of the old school guys who demanded that every transaction be done the right way and closed with integrity as the wrapper….everything always on top of the table…never under it.

“After we closed down AMSTAT in 1984, Bob Putnam (who had served as our President under Armon) was granted the right to use and keep our dba “AMSTAT Capital” and he, Todd Garrison and I continued to broker business under that moniker for some time. Todd and I later formed Vision Capital Corporation in 1989, which I closed earlier this year. Though Bob was debilitated by a stroke years ago, he and his wife, Linda Mueller, still do business as AMSTAT Capital from Florida and that name still represents doing business with integrity.

“Armon and I continued to meet once each year for breakfast and I last saw him in early 2009. I will surely miss not having that breakfast with him this year.

“Armon, Fred Shieman, Hal McAfee, Bob Skinner….giants all…..sorely missed.”

Larry

Larry B Turner
Pacifica Capital
760-599-4757 Direct
760-295-2499 Fax
larryt@pacifica-capital.com

A memorial will be held at 2 p.m. Jan. 17 at the University of California San Diego Faculty Club in La Jolla.


San Diego Union-Tribune Obituary
By Craig Gustafson

As a descendant of Russian immigrants who fled during the Bolshevik Revolution, Armon Kamesar never forgot how fortunate he was to grow up in America.

Throughout a 60-year business career that took him from Milwaukee to Jamaica to La Jolla, Mr. Kamesar continually gave back by leading a food bank and social-service programs that served the less fortunate. He also held a Fourth of July party for more than 30 years and insisted that his guests sing “The Star-Spangled Banner.”

Mr. Kamesar, of La Jolla, died Dec. 11 of congestive heart failure. He was 82.

“It’s not fair to him to call him a do-gooder, but he did a lot of good,” said Pat Crowell, a retired lawyer from La Jolla who knew Mr. Kamesar for three decades.

Mr. Kamesar is best known in San Diego as the owner of American States Leasing Corp., an equipment and computer leasing company he founded in 1975. The company went public in the 1980s and changed its name to Amstat Corp.

He spent the past 35 years as a prominent management consultant who advised as many as 40 business executives at a time while working for Vistage International, a firm that focuses on chief executive leadership. Bankruptcy judges also sought his expertise on difficult business cases.

“He was a very magnetic person with a good business sense,” former colleague Bud Emerson said. “He had some human qualities that were rare for a business consultant.”

Emerson said Mr. Kamesar, a liberal Democrat, often joked with his frequently conservative clients that he could give them a unique perspective on their business because of their ideological differences.

Mr. Kamesar was born in 1927 in Milwaukee. He received a bachelor-of-science degree in animal husbandry from Oklahoma State University in 1949, then moved to Chicago to work as a cattle buyer for his father’s meatpacking company before returning to Milwaukee to head a stockbrokerage.

Mr. Kamesar and his wife, Barbara, moved to Jamaica in 1970 to operate a resort hotel for three years.

The couple moved to La Jolla in 1973, when Mr. Kamesar became president of California Heritage Bank before launching American States Leasing.

Mr. Kamesar was also involved with several local charities, including the San Diego Food Bank, American Red Cross, Catholic Charities, Salvation Army and Neighborhood House Association.

He also served on the California Highway Patrol’s citizens oversight board and chaired the San Diego city pension system’s audit committee.

Pat Hyndman, a one-time business competitor who later worked alongside Mr. Kamesar as a consultant, said his longtime friend was a kind, compassionate man who often hid behind a curmudgeon’s mask.

“His heart was as big as the world,” Hyndman said. “His loss is a big loss to all.”

Mr. Kamesar was preceded in death by two sisters and a son, Daniel. Besides his wife, Mr. Kamesar is survived by a son, Adam of Cincinnati; and five grandchildren.

Craig Gustafson: (619) 293-1399; craig.gustafson@uniontrib.com

[headlines]

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Benchmark Financial Groups, Aliso Viejo, CA
Bulletin Board Complaint


“Benchmark Financial Groups, LLC,
65 Enterprise Aliso Viejo, CA 92656

“BEWARE of doing business with Benchmark Financial Groups, LLC, they will make all sorts of promises to get your business.

“Then, they will ask you to fax a copy of a check, for the first and last payment.

DON’T DO IT.”

Source: www.benchmarkfg.info

Jim Hare, Managing Partner, Franchise Kings LLC, Mahwah, New Jersey, is so angry that he created the above web site.

"We entered into a lease agreement with Benchmark Financial Groups, LLC, located at 65 Enterprise Aliso Viejo, CA 92656 on 11/12/2009, with the clear understanding the lease had to be completed by no later than 11/24/2009, as we were opening a new store and had to have the lease approved and start paying our vendors by the first of December.

"I have Emails from the president, Marcus Davin, stating they can approve in less than 24 hours and Emails from the account rep stating they would be able to complete the lease within our stated time frames.

"Benchmark asked for a copy of a check (not the actual check) made out to Benchmark for the 1st and last payment for $4,804.32. When I faxed them a copy, they immediately took the funds out of our checking account. They never had authorization from us to do this, nor did they state anywhere they were taking the funds on a lease that had not yet been approved.

"Unfortunately we did not find this out until about a week after they took the funds and at that time we had no recourse with the bank. Since we wanted the lease we continued to deal with Benchmark.

"At no time did we change any of the terms of the deal.

"We continually asked the status of the approval and were assured it would close before the 24th. On the 24th I called and emailed several times to find out if the lease was approved and I did not get any response from the company. I was then forced to pay our vendors so we could make our scheduled opening.

"At no time did Benchmark contact our vendors, as they said they would several times in writing, or file for credit approval until the 24th, so they did not even start the process. When we attempted to get our 1st and last payment returned Benchmark said it is non-refundable and now refuses to return our calls and emails...

"We are seeking a refund in the amount of $4,804.82."

Jim Hare
Franchise Kings LLC
Managing Partner

Calls to Marcus Davin, Benchmark Financial Groups, were not returned as well as faxes and emails.

Mr. Hare did send copies of emails as well as the agreement.

Benchmark Better Business Bureau Rating: F
http://www.la.bbb.org/Business-Report/Benchmark-Financial-Groups-LLC-100045720

Association membership:
The United Association of Equipment Leasing (January 1, 2009 became National Equipment Finance Association) states Benchmark is not a member. At this present time, Benchmark is a member of the National Association of Equipment Leasing Brokers as a "broker," not a "funder."

Copy of Franchise Kings, LLC agreement:
http://leasingnews.org/PDF/Benchmark_11_10_09.pdf

2009
Benchmark Financial Groups, Aliso Viejo, CA

Bulletin Board Complaint
http://leasingnews.org/archives/December%202009/12-14-09.htm#benchmark
Benchmark Financial Groups, Aliso Viejo, CA
Bulletin Board Complaint
http://leasingnews.org/archives/September%202009/09-24-09.htm#Bulletin1
Benchmark Financial Groups, Aliso Viejo, CA
Bulletin Board Complaint
http://leasingnews.org/archives/September%202009/09-24-09.htm#Bulletin2
Benchmark Financial Group, Aliso Viejo, CA
Bulletin Board Complaint
http://www.leasingnews.org/archives/April%202009/04-06-09.htm#bbc
Benchmark Financial Group, Aliso Viejo, CA
Bulletin Board Complaint
http://www.leasingnews.org/archives/March%202009/03-02-09.htm#bbc

[headlines]

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Classified Ads -- Marketing

Philadelphia/Wilmington, DE
Experienced new business development/marketing professional with expertise in document imaging leasing; Major Account and independent dealer channel activation a strength.  Will travel/relocate.
susan0618@aol.com
Resume

For a full listing of all “job wanted” ads, please go to:http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

Other e-Mail Posting Sites:
http://www.leasingnews.org/Classified/Posting_sites.htm

 

[headlines]

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LEAF Specialty Finance for Sale/Or Else!

by Christopher Menkin



Like the Energizer Bunny, Dwight Galloway, CLP, has kept his Columbia, South Carolina leasing operation going for quite some time. He may like to be compared to a paratrooper, which he is, and certainly is a fighter, but the fact is he has had a long battery life.


Dwight Galloway, CLP, President, Leaf Specialty Finance

Leasing News has been holding this story until after Christmas, in the meantime talking to industry leaders as well as reviewing the parent Resource America (NasdaqGS: REXI) SEC filing, by the way filed 7 days after releasing the press release, making the “comprehensive report” “old news” to many journalists.*

None of the officers or spokespersons at LEAF Corporation return telephone or email inquiries, but the Resource America SEC filing is revealing in itself, not just for the financial numbers, which are fascinating to read, but the intention of the corporation is obvious, particularly in this section:

“During fiscal 2009, we focused our efforts on improving our financial condition by selling investments and reducing our costs by eliminating operating redundancies following conversion of the fiscal 2008 acquisitions and to reduce our staff in light of reduced origination capabilities brought on by the recession and tight debt markets.”
     Page 20 SEC Dec 14, 2009 filing

The emphasis has been on its Commercial Finance Division with over 300 employees (1).

Perhaps Paul Menzel, CLP, is the lucky one in not being chosen to lead the broker division. Today he is president of Financial Pacific, Federal Way, Washington, one of the dwindling players in the independent broker’s marketplace. Chosen was Dwight Galloway, CLP, Columbia, South Carolina. A veteran of keeping his group alive with funding. The last time right before Christmas with NetBank. Resource America original plan called for an extension of the Columbia operation with larger facilities, but what happened perhaps may be the down economy or the corporate move into separate billing, collection, funding, and the operation coming out of Philadelphia, Pennsylvania.

It is very interesting to note that Leaf Specialty-Finance does not have its own company logo.

The news is not that secret as brokers have told Leasing News they were aware and have been nervous in sending transactions to Columbia, South Carolina. It was not Galloway cutting back brokers again, choosing those who got deals signed when approved, but the recent cutback to 27 employees that was significant. (2) They report seeing the writing on the wall. It also was the “Trigger Leads” from LEAF direct, as many brokers report their vendors and customers that they sent to Alco, Dolphin, Santa Barbara, being called upon for business, that LEAF direct was their representative.

Reportedly Galloway has been talking with potential buyers, including the caveat that they get the entire operation, including his leadership (LEAF is willing to waive the non-compete clause.) However, if the division is not sold (reports are from 30 days until the end of the first quarter), the operation will be closed and non-compete clauses not waived. LEAF has a lot of experience in closing down operations, particularly this one where billing, collections and most of the main operation is out of the main office, particularly if exiting the broker market place which is the obvious intention, as well as cutting overhead and fully consolidating both its operation and market share.

Galloway repeatedly denied that his division was being sold when at Netbank Business Finance, but in the end, made it public (3).

In addition to the corporate personality, the numbers from the SEC filing speak loudly. The December 7, 2009 press release stated a prime bottom line of a net loss of $14.9 million for fourth quarter and fiscal year end September 30, 2009 compared to a loss of $26.2 million the previous year-end.

The numbers from the December 14, 2009 10-K:


“Revenues decreased $47.5 million (49%)…$49.4 million for fiscal 2009 from $96.9 million for fiscal 2008…”

“During fiscal 2009, our commercial finance assets under management decreased $174.0 million (11%) to $1.4 billion as compared to $1.5 billion in fiscal 2008 because the amortization and repayment of existing commercial finance assets exceeded new originations.

“Our originations of new equipment financing decreased by $785.0 million (66%) to $401 0 million in fiscal 2009 from $1.2 billion in fiscal 2008. Originations in fiscal 2008 included $581 5 million related to our November 2007 acquisitions of the Dolphin Capital Corp. and NetBank portfolios of leases and loans. Excluding these acquisitions, originations decreased by $203.5 million for fiscal 2009 as compared to fiscal 2008.

“Our originations have been and we expect they will continue to be impacted by the state of the credit markets and the ability of our funds to maintain and obtain financing to acquire portfolios of leases and loans from us. “

“As of September 30, 2009, we managed approximately 100,000 leases and loans that had an average original finance value of $25,000 with an original average term of 52 months. As of September 30, 2008, we managed approximately 102,000 leases and loans that had an average original finance value of $23,000 with an original average term of 52 months.”
Pages 18-21 have specific accounting numbers
SEC filing: December 14, 2009: 10-K

It should be noted a major internal move, perhaps a signal of a tougher management style, announced “also” on December 14, 2009, Resource American Leasing promoted Thomas C. Elliott, Senior Vice-President of Finance and Operations for the Company, to the additional position of Chief Financial Officer.

The press release stated he was replacing Steven J. Kessler, Chief Financial Officer of the company since 1997, who signed the 10-K filing, he was basically moved to “Chairman of Resource Capital Corporation, a real estate investment trust sponsored and externally managed by the Company.”

Jonathan Cohen, President and CEO of the Company, said, "Steve Kessler's service to Resource America has been exemplary and we are grateful for that service and very fortunate that as Steve moves to the next phase of his career that Resource Capital Corp. will have the benefit of his focus and efforts during this critical time in the commercial real estate markets."

"Resource America, Inc. is a specialized asset management company that uses industry specific expertise to generate and administer investment opportunities for its own account and for outside investors in the commercial finance, real estate and financial fund management sectors."

Company Press Release

*Press Release December 7, 2009
    SEC filing: December 14, 2009: 10-K
“Annual report which provides a comprehensive overview of the company for the past year”
http://phx.corporate-ir.net/phoenix.zhtml?c=73519&p=irol-sec

(1) “LEAF is responsible for sourcing commercial finance investments primarily through program relationships with manufacturers and dealers of essential use equipment and software as well as through acquisitions of existing portfolios originated by third parties. LEAF's strategy for originations involves integrating its finance products into the sales and marketing organizations of its program partners such as Dell, Mitel, 3M, Toshiba, OCE, Konica Minolta, Extreme Networks, Honeywell, Sage, Phillips, and Sullivan Schein. By developing and maintaining program relationships with manufacturers and dealers, LEAF is able to leverage and utilize the sales organizations of its partners to market its commercial finance products and services to the highly dispersed population of small- to medium-sized businesses, which is LEAF's targeted demographic. On acquisitions, LEAF seeks organizations with a portfolio of financing contracts that provide acceptable returns for its investment entities coupled with proven origination teams.”
page 8 SEC filing: December 14, 2009: 10-K

“• a $10.9 million reduction in wages and benefits. Our costs have decreased due to several factors: (i) in fiscal 2008, we held significantly higher assets and accordingly, incurred higher servicing costs; (ii) for fiscal 2009, many of these costs were reimbursed by the investment entities to whom we have sold these assets; and (iii) in conjunction with converting the operations we acquired in fiscal 2008 onto the LEAF platform, we have reduced overhead costs by eliminating redundant positions. Furthermore, in response to the ongoing recession and reduced originations, we have increased collection and customer service staff, while to a greater extent, we have decreased sales, credit and lease processing staff. In total, we reduced the number of full-time employees in our commercial finance operations by 78 to 320 as of September 30, 2009 from 398 at September 30, 2008; and
•” a $6.7 million reduction in other costs and expenses. This decrease is due to the decline in assets managed for our own account, which resulted in reduced costs to service our portfolio, primarily legal costs, and to our ongoing cost saving and consolidation efforts (editor). These efforts targeted eliminating overhead redundancies occurring through our acquisitions and taking advantage of efficiencies obtained by operating on a single platform. In addition, fiscal 2008 included one-time costs related to the portfolio acquisitions we made, which did not recur in fiscal 2009.”
Page 22 SEC filing: December 14, 2009: 10-K

(2) Story on cutback of employees (employee numbers derived from 50, as reported by ex-employee, although previous Leasing News list report shows 60 employees:
http://www.leasingnews.org/archives/November%202009/11-20-09.htm#leaf

(3) “For Sale” “Production in the business equipment financing unit was up 10.3% to $19.8 million in March, 2007, according to financial filings with the SEC (in thousands of dollars:)
http://www.leasingnews.org/archives/September%202007/09-24-07.htm#netb

History of Galloway Columbia operation:
http://www.leasingnews.org/list_alpha_new.htm#repleasing

Resource America SEC filing (181 pages):
http://leasingnews.org/PDF/resourceamerica_1229.pdf


[headlines]

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FBI & US Attorney General Indict Two More:
Operation Lease Fleece


Two more individuals have reportedly been indicted by the U.S. Attorney General’s office due to work from the Federal Bureau of Investigation. This case has been going on since 2007, with many of the “players” pleading guilty, and their trials postponed as the authorities seek others. The alleged purpose of the postponement is not to divulge what those who have pled guilty to their testimony as others were being investigated. According to a highly reliable source, this entire case is about to come to an end.

The latest indictments and turning of evidence, reportedly pleading guilty, are Shant (Chant) Vartanian, president of ISystems Technology and Solutions, 3650 East Olympic Boulevard, Los Angeles, California , and his brother, Sarkus Vartanian, Vice-President, Marketing, as individuals. Pacer records were not found at press time, as often they are two to three days behind.

Both Vartanians are mentioned by an ex-CapitalWerks employee in a letter to Leasing News as well as by Adam Zuckerman, who also has been indicted. (http://www.leasingnews.org/archives/November%202007/11-07-07.htm#letter)

Allegedly they have confessed to providing invoices for non-existent equipment as well as invoice for new equipment that are in reality inflated sale/leasebacks, which the funder of the lease was not aware.

A web site, still up, states:
“From, the fax blasting under pseudo company names similar to their own. thru Canadian servers with fake sales people names on a ‘pre-approved’ lease line, to the ‘bump,’ an industry term for low-balling proposals only to raise the payment once the deposit check clears, to simply ‘check jacking,’ another term that refers to simply getting a deposit check for commission knowing there is no chance at approval, these companies do it all.”
http://capitalwerksleasing.com/ 

ISystems Technology and Systems was one of the vendors providing the invoices, according to Adam Zuckerman:

"During this process, Zuckerman reportedly found a method to raise cash for the applicant with a disguised sale/leaseback through vendors part of the operation and using (CapitalWerks) Mark McQuitty’s companies and Jim Raeder’s contacts. Everyone along the way was making money on the transaction. It was at this time that he started to grow Brickbanc and move away from CapitalWerks as there obviously was more money eliminating the middle man. He learned to coach brokers to become “vendors,” and even got into bank and trade manipulation."
http://www.leasingnews.org/archives/February%202008/02-25-08.htm#p2

Previous Up-date:
http://leasingnews.org/archives/November%202009/11-25-09.htm#lease_fleece

LeasePolice.com - "Your One Stop Vendor Check"
(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)


[headlines]
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[headlines]
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Classified Ads---Help Wanted

Interviewing Leasing Professionals With Proven Track Record and Established Book of Business. Envision Provides: 1) Established Funding Sources, 2) Fun Working Environment, 3) Full Benefits (Health Insurance, 401k), 4) Aggressive Commission Structure.
Resumes To: careers@envisioncapitalgroup.com, Contact: Jeff Edwards (949) 225-1712

Envision Capital Group is dedicated to providing the best in class products and service to our employers, customers, vendors and partners in the small and middle ticket commercial finance industry. With over 50 years of combined experience we have the knowledge, skills, abilities and relationships to help you reach your goals.



Quail Equipment Leasing

5 years experience with established vendor relationships. We offer great funding capacity for transactions $10k to $10MM. Quail Company's established for over 30 years. Submit resume to: jrudin@quailcap.com

About the company: Quail Equipment Leasing 17 years in
business with the ability to develop specialized programs for
vendors and unique industries: $10K to $10MM.

www.quailequipmentleasing.com

[headlines]
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[headlines]

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Top Stories-December 21---23

Here are the top ten stories opened by readers:

(1) Leasing 102 by Mr. Terry Winders, CLP
So You Want To Start a Leasing Company
http://leasingnews.org/archives/December%202009/12-21-09.htm#start

(2) Sales Make it Happen --- by Kit Menkin
New Top Ten Reasons to Lease
http://leasingnews.org/archives/December%202009/12-23-09.htm#topten

(3) “It’s So Slow…” Contest Results
http://leasingnews.org/archives/December%202009/12-21-09.htm#contest

(4) Bank Beat---7 Unlucky Banks closed before Xmas
http://leasingnews.org/archives/December%202009/12-21-09.htm#bank_beat

(5) Tiger Woods full update
http://www.examiner.com/x-27745-SF-Headlines-Examiner~y2009m12d20-Tiger-Woods-update--Headed-for-drug-sex-rehab-mother-Kultida-Woods-is-furious

(6) Latest on Tiger Woods-Merry Christmas?
http://leasingnews.org/archives/December%202009/12-23-09.htm#tiger

(7) "Twas the Night Before Funding"
by Jason A. Gendron
http://leasingnews.org/archives/December%202009/12-23-09.htm#funding

(8) CIT's CFO follows CEO in retiring
http://www.reuters.com/article/idUSTRE5BL2HB20091222

(9) Cartoon---Leaving a Message
http://leasingnews.org/archives/December%202009/12-23-09.htm#cartoon

(10) Books for Leasing Professional for Christmashttp://leasingnews.org/archives/December%202009/12-21-09.htm#books

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


“What is Depreciation?”

A lessee must classify a lease for GAAP accounting based on four qualifications that approach the true meaning of “economics”. However, the four qualifications ignore legal implications or federal income tax requirements. On many occasions a capital lease looks like a loan to an accountant but its structure makes it a true lease for federal income tax purposes. Also the word “depreciation” gets confusing because we use it in both accounting and income tax…. but very differently. For accounting; depreciation amortizes the equipment cost, minus a salvage value, over the useful life of the equipment to the firm, on a “straight line basis”.

For Federal income tax; depreciation is called “capital recovery” where our tax laws allow us to take an accelerated expense called the “Modified Accelerated Cost Recovery System” (MACRS) over a defined term. The MACRS is actually a method to allow business to recover capital investment by allowing business to deduct “from” taxable income the (MACRS) percentage of original cost allowed for that year. Example a 5 year asset under MACRS (½ year convention) is allowed 20% the first year followed by 32% ,19.20%. 11.52%, 11.52% and 5.76% in the last year, because of the ½ year convention. It means the tax payer gets tax free income equal to the loss in value of their capital goods. However the tax system has altered the allowable percentage from time to time according to their need to collect taxes or reduce taxes. So please understand it no longer matches the actual loss in value.

For Federal income tax the issue is “use” therefore, if the “use” by your customer is for a non-profit or municipal then depreciation is reduced to straight line over 120% of the term of your lease or the old “ADR” term whichever is longer. So if you offer a FMV purchase option the term of your lease better be over 80% of the equipments useful life or your numbers will have to reflect an increase as you pay tax on the difference between your payments received and the straight line depreciation expense. Any time you lease term exceeds 80% of the equipments useful life you fail the tax test but you need to have proof in your folder to avoid a tax fight.

When a lessee says they want to depreciate the equipment they are usually talking about the need to take MACRS depreciation for federal income tax. However, you should ask just to be sure. Depreciation for GAAP accounting is done in two forms and three different ways. The two forms are straight line depreciation, of the net present value of the total lease rental stream, for capital lease accounting and expensing the lease payments as paid for operating lease accounting providing the rentals follow the use otherwise it will be expensed on a straight line basis.

Lessee depreciation for capital lease accounting depends on if an automatic title transfer or a bargain purchase option exists at termination. If so then the term of straight line depreciation must be the actual useful life of the equipment to the firm regardless of the lease term. If the purchase option is not a bargain but the lease fails the 90% test then the term of depreciation is limited to the term of the lease.

I know accounting appears complex and boring to some lease sales personnel but it is important to understand the impact of loans and leases on the financials of our customers to properly provide lease structures that enhance our product and not detract from it. Be careful on any discussion regarding how to expense lease payments because you are not their accountant or tax adviser. Just ask how they do it and make your presentation as suggestions for their people to look into. Many, many, accountants think if it is a capital lease that they should take capital recovery benefits for their tax return. When you explain the rules correctly you look like a professional.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at leaseconsulting@msn.com or 502-327-8666.
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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Confidence is up “1.6” reports ELFF


The Equipment Leasing & Finance Foundation issued its December confidence report in the equipment finance market, declaring it is “at a high of 58.8 since the index was inaugurated in May of this year.”

The three main sectors reported:


From the EFI Bank market:

Adam Warner, President
Key Equipment Finance
Superior, Colorado

“After over 18 months of market turmoil, we are beginning to see signs of stabilization and, in some areas around portfolio quality; we are witnessing modest improvements and positive trends.”


From the EFI Independent market:

George Booth, Managing Director
Black Rock Capital, LLC
Bridgeport, Connecticut

“[I am] still very concerned about liquidity. Demand seems to be picking up slightly but funding is still very tight”


From the EFI Captive market:

Rob Stowers, Managing Director
Altec Capital
Birmingham, Alabama

“2010 will be better than 2009, but we will see more companies fail or cease to exist in their current form.”

Report also noted:
“66.7% of survey respondents believe demand for leases and loans to fund Capital Expenditures (Cap Ex) will “remain the same” over the next four months and 26.7% indicated there will be an increased demand for leases or loans to fund Cap Ex.

“The majority of survey respondents, 95.6% of executives expect the same or slightly more access to capital to fund equipment acquisitions over the next four months, down slightly from 97.7% in November.

“When asked, 15.6% of the executives reported they expect to hire more employees over the next four months, down from 25.6% in November, and 64.4% expect no change in headcount, up from 48.8% in November.

Full report:
http://www.leasefoundation.org:80/IndRsrcs/MCI/


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E-mail: dron95@aol.com

- Let 'em know you saw "Taffy" on Adopt-a-Pet.com!

Taffy's info...
Breed: Doberman Pinscher
Size: Large 61-100 lbs (28-45 kg)
Color: Unknown
Sex: Female
Age: Young

Taffy is:
already spayed
purebred
good with dogs
not good with cats
up to date with shots

Taffy's story...
Hi, my name is Taffy and I am about 1 ½ years old. I am really skinny right now, but my foster family is working on that. I would probably do best in a home without cats.

Here are a few things that my foster mom has to say about me: She is very loving and sweet. She just craves love from humans but likes to play with other dogs too. Taffy is definitely a Velcro dog. She is completely house broken and kennel trained but prefers to sleep on a dog bed at night beside our bed. She won’t go to sleep unless I pet her while she settles in.

Not much else is known about my past because I was a stray. If you are interested in making me a part of your family, please go to www.doberescue-ne.org and fill out an application.

All of our dogs are current with all shots, are on heart worm preventative monthly and are neutered/spayed. All dogs are tail docked. All of the above Dobes are pure breed Dobermans unless otherwise noted.

We hope you can find a place in your heart and your home for one of our rescue Dobes.”

Please Note:
In most cases we require a fenced yard.

We do not place our rescue dogs in homes with very young children (under the age of 8 years). We set these limitations, not because of aggression issues with our dogs, but because Dobermans are generally large, active dogs and can easily knock down, run over or easily trip a small child, causing a serious fall. Also, we reserve the right to refuse adoption for any reason.

Our adoption area encompasses Nebraska, Iowa and South Dakota.

For more information or to fill out an adoption request please visit
http://www.doberescue-ne.org/

Contact this rescue group to adopt Taffy ...
Rescue Group: Doberman Rescue of Nebraska
Pet ID #: 1977648
Phone: (402) 397-1742
E-mail: dron95@aol.com
- Let 'em know you saw "Taffy" on Adopt-a-Pet.com!
Fax: (402) 391-7050
Website: http://www.doberescue-ne.org
Address:
Omaha , NE
68114

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/

 

[headlines]
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News Briefs----

Economy feeds local equipment leasing company
http://memphis.bizjournals.com/memphis/stories/2009/12/28/story3.html

New leasing programs make solar more affordable
http://www.mercurynews.com/breaking-news/ci_14066469

Troubled Georgia bank list grows again
http://www.ajc.com/business/troubled-georgia-bank-list-260010.html

Stanford Texas Ponzi payoff probe
http://www.nypost.com/p/news/business/ponzi_payoff_probe_oRbYVafWS0RXCTourPYd8O

Web sales are retailers' biggest gift
http://www.washingtonpost.com/wp-dyn/content/article/2009/12/28/AR2009122802126.html

Monitor publisher Jerry Parrotto on passing Industry Icon Ian Berg
http://www.monitordaily.com/Story_Page.asp?News_ID=24816&Type=TopStories

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You May have Missed---

Bad news for some: Spam actually works
http://www.upi.com/Business_News/2009/12/28/Bad-news-for-some-Spam-actually-works/UPI-23671262030828/


[headlines]

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Sports Briefs

Bears outlast Vikings, prevail 36-30 in overtime
http://www.chicagobreakingsports.com/2009/12/bears-2.html

Manning, Coughlin apologize for Giants' pathetic performance
http://www.nypost.com/p/blogs/giantsblog/manning_coughlin_apologize_
for_pathetic_UxORCcs3LhbaLxtPn2LkPJ


[headlines]

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"Gimme that Wine"

SF Chronicle Winery of the year: Peay Vineyards
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/12/27/FD5D1B846C.DTL

Washington Wine Industry Sets Priorities
http://www.winesandvines.com/template.cfm?section=news&content=70118&htitle= Washington%20Wine%20Industry%20Sets%20Priorities

At 95, Peter Mondavi Reflects on Life in Wine
http://abcnews.go.com/Entertainment/wireStory?id=9417477

Oregon wine sellers struggle with uneven popularity
http://www.oregonlive.com/business/index.ssf/2009/12/oregon_wine_sellers_struggle_w.html

Wine Prices by vintage
http://www.winezap.com
US/International Wine Events
http://www.localwineevents.com/
http://www.wine-searcher.com/
Winery Atlas
http://www.carterhouse.com/atlas/
Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm
The London International Vintners Exchange (Liv-ex) is an electronic exchange for fine wine.
http://www.liv-ex.com/

[headlines]

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Today's Top Event in History

1972 - After 36 years in publication, the "LIFE" magazine's last weekly issue went to the newsstands. It is said the newsweekly “redefined photojournalism while showing America its own face.” The magazine's first issue featured a newborn baby and a doctor, with the heading, “LIFE Begins.” The magazine became an occasional publication, before enjoying a monthly distribution.

[headlines]
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This Day in American History

    1778 - British troops, attempting a new strategy to defeat the colonials in America, captured Savannah, the capital of Georgia.     
    1808—Birthday of Andrew Johnson 17th president of the US, assumed office after Pres. Lincoln was shot; prior to public office owned a tailor shop where he did tailoring in Laurens, South Carolina. He was the first president to be impeached by the House, but was acquitted by the US Senate. After his term, he made several unsuccessful attempts to win public office. He was elected to the US Senate from Tennessee, but served a very short term from March 4, 1875 until July 31, 1875.
http://memory.loc.gov/ammem/today/dec29.html
    1813 - The British burned Buffalo, N.Y., during the War of 1812.    
    1830 - A very heavy snowstorm ushered in the "winter of the deep snow". The storm produced 30 inches of snow at Peoria IL and 36 inches at Kansas City MO. Cold and snow continued until the middle of February causing great suffering among pioneers.
    1845 - The flags of Spain, France, Mexico, the Republic of Texas, the Confederate States of America and of the United States have flown over the area known as Texas, the state that became the 28th of the United States of America on this day. And, the state nickname, the Lone Star State, comes from the Texas state flag with its one star. Texas is an altered pronunciation of the Indian word, Tejas, meaning friends, and that’s why the Texas state motto is “Friendship.” The capital of the second largest state is Austin, its state bird, the mockingbird, the state flower, the bluebonnet, the state tree, the pecan tree. When admitted, the land
was comprised of the present state of Texas and part of New Mexico, Colorado, and Wyoming) is admitted as the 28th state of the Union, with the provision that the area (389,166 square miles) should be divided into no more than five states "of convenient size."
    1849 --The Christmas hymn by Edmund Sears, "It Came Upon a Midnight Clear," was first published in "The Christian Register." Sears' carol features the American emphasis in Christian living, that is, the social message of "peace on earth, good will toward men."
    1849 -- Gas lighting is installed in the White House.
    1851-The first YMCA was organized. The first US Branch of the Young Men’s Christian Association was organized at Boston. It was modeled on an organization begun at London in 1944.
    1862 -- Union General William T. Sherman's troops try to gain the north side of Vicksburg in the Battle of Chickasaw Bluffs.
    1890---Wounded Knee Massacre: More than 200 Native American men, women, and children were slain by the US 7th Cavalry at Wounded Knee Creek, South Dakota. Federal efforts to suppress a ceremonial religious practice " The Ghost Dance (which called for a messiah who would restore the bison to the plains, make the white men disappear and bring back the old Native American Way of life) had resulted in the death of Sitting Bull, December 15, 1890, which further inflamed the disgruntled Native Americans and culminated in the slaughter at Wounded Knee, December 29. Accordingly, the government and populace believed "The Ghost Dance" had magic and were superstitious enough that it would come true if allowed to occur.
    1894 - A severe freeze hit Florida destroying fruit and causing considerable damage to trees.
    1900--Birthday of clarinet player Willie Humphrey, New Orleans, LA
http://www.answers.com/topic/willie-humphrey
http://www.cduniverse.com/search/xx/music/pid/5994390/a/
New+Orleans+Clarinet+Vol.+2.htm

    1917 - Washta1907 --Birthday of Robert C. Weaver, the first African American to serve on a president's cabinet. He was Franklin D. Roosevelt's secretary of Housing and Urban Development., IA dropped to -40, the record low for the state.
    1920--Birthday of guitarist Irving Ashby, best known for playing with
the King Cole Trio, and Lionel Hampton's "Flying Home." born Summerville, MA
http://www.rockabilly.nl/references/messages/irving_ashby.htm
http://www.vh1.com/artists/az/ashby_irving/bio.jhtml
http://www.stripes.com/photoday/ella/pages/ella01.html
http://www.mmguide.musicmatch.com/album/album.cgi?ALBUMID=1429895
    1921 -- Sears Roebuck president Julius Rosenwald pledges $20 million of his personal fortune to help Sears through hard times.
    1924 - J.M. Barrie's fanciful tale about a boy who didn't want to grow up was released on film for the first time in the silent Peter Pan.
    1934 - In New York City, the first regular-season, college basketball game was played at Madison Square Garden where New York University beat Notre Dame, 25-18. In the night's second game, Westminster defeated St. Johns, 37-33.
    1936—Birthday of Mary Tyler Moor, actress (two Emms for “The Dick Van Dyke Show, “three Emmys for “The Mary Tyler Moore Show,”, born Brooklyn, NY.
    1939 - The satirical Western film, Destry Rides Again, starring James Stewart and Marlene Dietrich, opened in the United States.
    1943 - Bing Crosby recorded "San Fernando Valley" because he felt it would be a hit. A week after its release, the song became a favorite everywhere.
    1945 - On radio, the mystery voice of Mr. Hush was first heard on, "Truth or Consequences", hosted by Ralph Edwards. The show was supposed to be a parody of giveaway shows, but the idea was taken seriously and lasted five weeks before Mr. Hush was identified as fighter Jack Dempsey, for a $13,500 prize.
    1945 - Sheb Wooley made the first commercial record to be recorded in Nashville, Tennessee. The recorded song was on the Bullet label; but it took Wooley 13 years to have a hit with "The Purple People Eater". Wooley, whose first name is Shelby, played Pete Nolan on television’s "Rawhide". He also recorded novelty songs as, Ben Colder, and acted in "High Noon", "Rocky Mountain", "Giant" and "Hoosiers". In 1968, the Country Music Association honored him as the Comedian of the Year. Wooley wrote the theme song to television's "Hee Haw".
    1947-Birthday of actor Ted Danson, “Cheers,” “Becker,” Three Men and a Baby,” born in San Diego, Ca.
    1949 - Bridgeport, Connecticut's KC2XAK became the first ultrahigh frequency, or UHF, television station to operate on a regular daily schedule. UHF stations broadcast where the VHF, or very high frequency, stations end, channels 14 through 83.
    1949--Birthday of pianist Charles Mann, Atlanta, GA
    1950---Top Hits
The Thing - Phil Harris
Tennessee Waltz - Patti Page
Nevertheless - Jack Denny
If You’ve Got the Money Honey I’ve Got the Time - Lefty Frizzell
    1950-- "You Asked for It" premiered on television.
    1951 - Singer Yvonne Elliman ("If I Can't Have You") is born in Honolulu.
    1952 - Sonotone Corporation offered the first transistorized hearing aid for sale.
    1953 - Jean Stapleton made her Broadway debut starring with Judith Anderson in the production, "In the Summer House", which opened in New York. The show closed after 55 performances.
    1954 - Fort Scott, KS, was buried under 26 inches of snow in 24 hours to establish a state record. (28th-29th.)
    1955-- Barbra Streisand's 1st recording, "You'll Never Know" at age 13.
    1956 -- President Dwight Eisenhower asks Congress for the authority to oppose Soviet aggression in the Middle East.
    1957 - Steve Lawrence and Eydie Gorme married. They became popular singers on Steve Allen's "The Tonight Show", and as Las Vegas showroom regulars and recording artists. Today they are still together, in one of the most enduring marriages in Hollywood.
    1958---Top Hits
The Chipmunk Song - The Chipmunks
One Night - Elvis Presley
Lonesome Town - Ricky Nelson
City Lights - Ray Price
    1958- "Young Dr. Malone" premiered on television.
    1958-- Baltimore Colts beat New York Giants 23-17 in NFL championship game.
    1963 - The disc jockeys at New York's 50,000-watt WABC, were upstaged by the 5,000-watt WMCA and its famed ‘Good Guys’ when the latter became the first New York radio station to play the Beatles’ "I Want to Hold Your Hand". WABC got revenge by calling itself the ‘official’ Beatles station: W-A-Beatle-C.
    1963 -- The Weavers, America's preeminent folk music group, give their farewell concert at Orchestra Hall in Chicago. They made a nationwide impact with their recordings in the late 40's & early 50's with songs like "Goodnight Irene" & "On Top of Old Smokey."
http://www.geocities.com/Nashville/3448/weavers.html
    1965 -- A Christmas truce is observed in Vietnam, while President Johnson tries to get the North Vietnamese to the bargaining table.
    1966---Top Hits
Winchester Cathedral - The New Vaudeville Band
I’m a Believer - The Monkees
That’s Life - Frank Sinatra
There Goes My Everything - Jack Greene
    1967-- Star Trek's "The Trouble with Tribbles" 1st airs.
    1968-- New York Jets beat Oakland Raiders 27-23 in AFL championship game.
    1968-The Doors' "Touch Me" is released. With a guitar intro strongly influenced by The Four Seasons' "C'mon Marianne", the song would reach #3 on the Billboard Hot 100
    1968-The first big Rock festival held on the east coast, The Miami Festival, gets under way in Hallandale, Florida. Tickets sell for six and seven dollars and 100,000 people turn out for the three day event. Those appearing include the hottest acts of the day, Jose Feliciano, Procol Harem, Three Dog Night, Chuck Berry, Fleetwood Mac, Marvin Gaye, Joni Mitchell, The Turtles and Canned Heat.
    1972 - After 36 years in publication, the "LIFE" magazine's last weekly issue went to the newsstands. It is said the newsweekly “redefined photojournalism while showing America its own face.” The magazine's first issue featured a newborn baby and a doctor, with the heading, “LIFE Begins.” The magazine became an occasional publication, before enjoying a monthly distribution.
    1973 - Time in a Bottle, recorded by the late Jim Croce, jumped into the Number 1 spot on Billboard's record charts on this date, and stayed there for 2 weeks. Croce had died in a plane crash three months earlier and was never to realize the success of his romantic recording.
    1974 - No. 1 Billboard Pop Hit: "Lucy in the Sky with Diamonds," Elton John. The John Lennon-Paul McCartney song first appeared on the Beatles album "Sgt. Pepper's Lonely Hearts Club Band" in 1967.
    1974---Top Hits
Angie Baby - Helen Reddy
Lucy in the Sky with Diamonds - Elton John
You’re the First, the Last, My Everything - Barry White
What a Man, My Man Is - Lynn Anderson
    1979 -- Houston safety Vernon Perry sets an NFL playoff record with four interceptions in the Oilers' 17-14 victory over San Diego.
    1981-- President Ronald Reagan curtails Soviet trade in reprisal for its hash policies on Poland.
    1982 - It was the last time, after 25 seasons, Paul ‘Bear’ Bryant led the Alabama Crimson Tide football team as they defeated Illinois, 21-15, at the Liberty Bowl in Memphis, Tennessee. Sixty-nine year old Coach Bryant retired as the NCAA’s winningest coach. His overall record included 322 wins as coach at Maryland, Kentucky, Texas A&M and Alabama. Total, his teams won six national championships, and played in twenty-nine bowl games, of which they won fifteen of them. He was nicknamed Bear because he once wrestled a bear in a traveling show.
    1982---Top Hits
Maneater - Daryl Hall & John Oates
The Girl is Mine - Michael Jackson/Paul McCartney
Dirty Laundry - Don Henley
Wild and Blue - John Anderson
    1984- 100 cities in the eastern U.S. recorded record high temperatures. Southerly winds gusting to 50 mph helped Kansas City experience its warmest ever December day. The morning low of 60 gave way to a high of 71
    1987 - A storm off the Middle Atlantic Coast produced heavy snow in the Appalachians and the northeastern U.S. Snow and high winds created blizzard conditions in southeastern Massachusetts. Cape Cod received thirteen inches of snow, and snow drifts three feet deep were reported around Chatham MA. Strong winds produced wind chill readings as cold as 60 degrees below zero in southwestern New England. In the western U.S., a Pacific coast storm produced heavy snow in the Sierra Nevada Range of California, with 24 inches reported at Mammoth Mountain.
    1989 -Portland, ME recorded its 22nd consecutive day of below freezing temperatures, a new record.
Snow and ice prevailed from the southwestern U.S. to the Great Lakes Region. Flagstaff, AZ, received nine inches of snow in just six hours.
    1990---Top Hits
Because I Love You (The Postman Song) - Stevie B
Justify My Love - Madonna
Impulsive - Wilson Phillips
I’ve Come to Expect It from You - George Strait
    1992 - Big snows were in progress across the Sierra Nevada mountain range in California. 30 inches of snow blanketed Dagget Pass in 24 hours. 28 inches of snow at the Sierra Ski Ranch brought the snow depth to 118 inches
    1995 - The powerful film Dead Man Walking opened in United States theaters. The film earned a Best Actress Oscar and Screen Actors Guild award for Susan Sarandon, as well as Oscar nominations for Sean Penn, director Tim Robbins, and Bruce Springsteen, who wrote the title song.
    2002--- Three blocks away from the blast, thousands of spectators at Paul Brown Stadium cheer as 1,275 pounds of explosives implodes Cinergy Field sending a huge dust cloud down the Ohio River. The structure, formerly known as Riverfront Stadium, was the site where Hank Aaron tied Ruth's career home run record on Opening day in 1974 and Pete Rose broke Ty Cobb's all-time hits record in 1985.

[headlines]

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Football Poem

The Autumn Wind

The Autumn wind is a pirate
Blustering in from sea

With a rollicking song he sweeps along
Swaggering boisterously

His face is weather beaten
He wears a hooded sash

With his silver hat about his head
And a bristly black moustache

He growls as he storms the country
A villain big and bold

And the trees all shake and quiver and quake
As he robs them of their gold

The Autumn wind is a Raider
Pillaging just for fun

And gets ejected from the game
after drinking too much rum.

[headlines]

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SuDoku

The object is to insert the numbers in the boxes to satisfy only one condition: each row, column and 3x3 box must contain the digits 1 through 9 exactly once. What could be simpler?

http://leasingnews.org/Soduku/soduko-main.htm

[headlines]

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Daily Puzzle

How to play:
http://www.setgame.com/set/puzzle_frame.htm

Refresh for current date:
http://www.setgame.com/set/puzzle_frame.htm

[headlines]

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http://www.gasbuddy.com/
http://www.gasbuddy.com/GB_Map_Gas_Prices.aspx
http://www.gasbuddy.com/GB_Mobile_Instructions.aspx

[headlines]

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Weather

See USA map, click to specific area, no commercials

http://www.weather.gov/

[headlines]

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Traffic Live---

Real Time Traffic Information

You can save up to 20 different routes and check them out with one click,
or type in a new route to learn the traffic live

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

[headlines]

Independent, unbiased and fair news about the Leasing Industry.
Ten Top Stories each week chosen by readers (click here)
Features


Adopt a Pet
Bank Beat
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Leasing 102
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Editorials (click here)

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-Trebels plays golf in Florida while creditors burn
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-Chesterfield Financial Closes its Office
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-Old National Bank exiting Municipal Broker Biz
-Laurie Bakke President Western Finance & Lease
-Alexa Report---Now US & Worldwide Statistics
-Joanie Dolsen Retires/Co. Exits Broker Biz
-Blue Bridge Financial by Brian Gallo
-Beige Book--"Weakness...Commercial Sector"
-Franchise 50% Access to Credit #1 Problem
-People's United: Expanding into Equipment Leasing
-Operation Lease Fleece Winter Up-Date\-
-E.A.R. – Sheldon Player Up-date
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-Operation Lease Fleece: Update
- FDIC Insurance in the Red/Lending down 2.8%
     by Christopher Menkin
- ELFA October survey
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LEAF Financial “Trigger Leads,” others calls  
- “Just Because You are (still) Paranoid…”
   By Barry Marks and Ellen Dover
- MicroFinancial/TimePayment 3rd Q Highlights
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   by Christopher Menkin
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   by Barry S. Marks, CLP
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Tygris "merges" with EverBank Financial
- by Christopher Menkin
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From Bankers View, Clouds Lifting over California
- by Kevin Dobbs, SNL Financial
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- Friends of Lisette
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- Leasing News #1 in Alexa Report
- Why I became a CLP...
- CLP President in the News Again
- BBB: Rating Leasing Companies
- If you had Lease Police...
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- Direct Capital Down to 200
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- How to Build a Positive Credit Report
Bulletin Board Complaint
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Bulletin Board Complaint
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Confidence swells at US Bancorp
- by Kevin Dobbs, SNLi
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- IFC Credit Bankruptcy-Up-date
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The Age of the Super Broker
- by Christopher Menkin
- HL Leasing/Gordon Roberts Bizzare Twist
- Credit Availability Still Slowing Expansion & Leasing
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- CHG-MERIDIAN purchases El Camino Resources
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- Churchill Group/Churchill Leasing Closed
- MericapCredit closing down
- How to handle Vendor Points
- The $40,000 Church Kiosk
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- CMC Mastercrook Ron Fisher in Jail
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- Settlement Costs Vs. Litigation Costs
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[headlines]