Friday, March 30, 2007
Headlines--- Welcome New Readers ######## surrounding the article denotes it is a “press release”
------------------------------------------------------------------------------- Welcome New Readers
While most who read Leasing News go to the web site first, many still join our mailing list. Our goal is to print daily from Monday to Friday, but most often it is only three times a week: If you are on the mailing list, you are informed that the new edition is available. Sometimes if there is very important news, we may send as an "extra." In reality, the e-mail is notification, as it actually directs you to our web site, where the news edition is posted. The web site also has our other features and information. A site map is available, If you like what you see, please ask a colleague to subscribe. Welcome aboard!!! Kit Menkin, editor/publisher http://www.leasingnews.org/sitemap.htm -------------------------------------------------------------- Classified Ads---Sales Managers
Leasing News is contacting all those who have asked for a “free classified ad” to verify that the mailing address is active, that they are still seeking employment, and if there are any changes Atlanta, GA Chicago, IL Geneva, IL Marlton, NJ Pennsauken, NJ To place a free “job wanted” ad here, please go to: For a full listing of all “job wanted” ads, please go to: -------------------------------------------------------------- ELFA reports Originations fell again in February
Business equipment leasing fell again in February, according to the Equipment Leasing and Finance Association (ELFA) Monthly Leasing and Finance Index (MLFI-25.) 25 member companies reported new commercial equipment leases and loans totaling $4.6 billion, compared with $5.5 billion in January; overall new business volume for the period declining by 16 percent since January. January saw a 47% decrease since the month of December. The two month down trend was viewed as cyclical. "The decline in new business volume in February doesn't really come as a surprise given historical trends," says Jim McGrane, President, US Express Leasing, whose company participates in the survey.
"What's encouraging, however, is the year over year growth in new volume is up," he said," indicating business investment in equipment in light of a potentially softening economy. We would like to think this growth along with continued steady credit quality bodes well for our industry for the remainder of 2007." ELFA President Kenneth E. Bentsen, Jr. was as optimistic; pointing out that the data was "impressive in the face of an uneven economic outlook."
“February’s drop in new business volume tracks a well-established seasonal trend showing lower activity during the winter months,” he added. McGrane noted that comparing February to the same month in 2006, new business volume for February 2007 has actually grown by 17 percent. In that view, business was better compared to the February of last year. Despite the view of looking at the glass as being half full, rather than half empty, there is obviously a change going on in the United States financing economy. Many link to the sinking housing market, plus the growing default of subprime loans. Another example is new niches are being explored and emphasis is on specific industries, rather than a broad based approach that both the small ticket and middle market embraced in previous years. While the leasing companies brag business is great, they evidently are getting ready with promotions of key personnel, changes in strategy, and becoming more aggressive in seeking business. The major leasing and industrial finance companies have expanded their market place to include Europe, India, Pakistan such as GE and CIT have expressed, GE in Japan with an offer to buy Sanyo Credit and major New York banks expanding their lending and leasing in China, as they seek higher yields, better margins, and the need to join seemingly faster growing marketplaces. More on the February MLFI-25 report:
Receivables over 90 days inched slightly upward by 0.1 percent.
Average losses remained the same over the prior month at 0.5 percent.
Total employment headcount decreased over the previous month. Headcount was 11,416 in February and 11,434 in January, for comparison. In February 2006, headcount was lower at 10,497 or an 8.8% increase year over year. The MLFI-25 provides metrics reflecting monthly commercial equipment lease and loan activity as reported by 25 participating ELFA member equipment finance companies representing a cross section of the equipment finance sector including small ticket, middle market, large ticket, bank, captive and independent leasing and finance companies. Because the same companies participate in the survey each month, the MLFI-25 provides a consistent trend analysis of current activity. Based on hard survey data, the responses mirror the economic activity of the broader equipment finance sector, which contributes to the representation of current business conditions nationally. ELFA MLFI-25 Participants: ADP Credit Corporation
-------------------------------------------------------------- 500 NorVergence ERA cases to be consolidated
A “Notice of Motion” was filed March 28, 2008 that Honorable Judge William D. Maddux, Circuit Court of Cook County, Illinois will present Plaintiffs’ motion to consolidate approximately 500 class action NorVergence Equipment Rental Agreement at 10:30am on April 6, 2007, Room 2005 of the Daley Center, Chicago, Illinois. The great majority of cases involve IFC Credit Corporation, There are 148 attorneys listed with their telephone numbers who have been notified of the consolidation hearing. “Once the cases are consolidated before Judge Henry, Judge Henry can then stay the cases and proceed with the present class action, without further piecemeal litigation before other judges on the same issue,” the motion states. “Of the 500 pending cases, 496 or 99% involve only IFC---the Defendant in this first-filed class action-as the finance company: The remaining four cases break down as follows: one case involving Wells Fargo, one case involving Popular Leasing, and two cases involving Crown Bank. As will be demonstrated to Judge Henry, counsel for Plaintiffs are experienced class action lawyers, have succeeded in obtaining class certification in numerous consumer class action cases, have dedicated their entire practice to consumer class action litigation for years, and, for example, were counsel of record in the following matters: Valley Forge Ins. Co. v. Swiderski Electronics, lnc., 223 I11, 2d 352 (I11. November 30, 2006); Kinkel v. Cingular Wireless LLC, 273 I11. 2d 1 (I11. October 5, 2006).” “Due to the efforts of the Office of the Illinois Attorney General, the three referenced finance companies other than lFC---Popular Leasing, Wells Fargo, and Crown Bank---have agreed to settle Illinois ERA disputes and to forgive a sizeable portion of the amounts allegedly due under the outstanding ERAs. This settlement program is optional but upon information and belief a substantial percentage of Illinois lessees of these finance companies have either "opted in” or otherwise settled and their cases are resolved. Obviously, the four lessees with cases pending against these finance companies in this Court have decided not avail themselves of this settlement program. These four “holdout” cases do not present an obstacle to the present class action resolution of 99% of the pending cases all of which involve only IFC as the finance company.” Copy of court documents: -------------------------------------------------------------- Cartoon---Rudy Trebels talking with his attorney
-------------------------------------------------------------- Story Credit List---North South Leasing
“C” and “D” trucks only
-------------------------------------------------------------- Leasing Industry Help Wanted
Account Executive
Assistant Manager
Regional Sales Managers
Small Ticket Specialists
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Just What is ADR, Anyway? Everyone’s heard about it, many people have strong opinions about it, some people have actually used it, but no one seems to understand exactly what it is. I’m talking about ADR – Alternative Dispute Resolution. This is the blanket term used for mediation, arbitration, and a few other things you may have heard of. In a nutshell, these are methods for dealing with problems and disputes in leases or transactions without going to court. Hence the name “alternative”; they are alternatives to litigation, or lawsuits and courtrooms. In general, ADR comprises two ways of dealing with disputes outside the courtroom. One is arbitration, which is pretty well understood by most leasing folks. In this process, a neutral third person (the arbitrator) is selected by the disputing parties to hold a hearing, to hear the respective claims or defenses of the parties, to review the evidence presented by them, and to make a ruling about who owes what to whom. You can think of an arbitrator as something like a private judge; a neutral and objective person who hears all the facts and evidence and makes a ruling. Arbitration is a creation of the contract between the parties. Everything that happens in arbitration is controlled by the “arbitration clause” in the lease or other agreement, including how the arbitrator is selected, what rules are followed regarding evidence, and all the other details. The arbitration clause can be only one sentence long, or it can run to pages. The important thing to know is that the parties themselves control the entire process; they make their own rules for the arbitration (or they incorporate existing rules, such as those from the National Arbitration Forum or the American Arbitration Association). One other thing to remember about arbitration (and one that is frequently misunderstood) is that arbitration can be binding or non-binding, and an arbitration ruling can be appealable or not appealable, all as decided ahead of time by the parties themselves. You may hear people complain that they don’t like arbitration because the arbitrator’s ruling is final and non-appealable; so, if they lose, they’re stuck. But that is only the case if the parties agree to that ahead of time. There are many contracts and arbitration clauses under which an arbitration ruling is non-binding (advisory in nature, or binding only as to certain issues). Actually, the beauty of arbitration is that it can be crafted to whatever the parties desire it to be; they simply need to specify in the arbitration clause how they want it to work. Then what about mediation? How does that work? Well, it seems that mediation is even more misunderstood than arbitration. Mediation is not like an arbitration (or a trial) at all. The mediator, who is a neutral person selected mutually by the parties, does not make any ruling, does not make any award, does not hear evidence and testimony, and does not decide who’s right and who’s wrong. Rather, the purpose of the mediator (and the mediation) is simply to talk about the dispute with the parties and to see if there is some way to work out a settlement of the problem. The mediator sometimes meets with everyone together and sometimes meets with the parties alone, in separate rooms, so that everyone can express their view of the matter and talk candidly about what they want out of the deal. In all cases, everything that everyone says is completely confidential. Here in California, where I practice, and in many other states the confidentiality of mediations is built right into the state law. No one can use anything said during mediation as evidence later, and no one can require the mediator to testify about what was said during the mediation. So nothing you say in trying to settle the dispute in mediation can be used against you later, if you’re not able to settle and you go on to arbitration What’s most important (and most often misunderstood) is that, by definition and by nature, a mediation is never binding. It cannot be. The mediator cannot make any kind of ruling or award, binding or otherwise, and the parties don’t have to agree to anything they don’t want to. The mediator is there simply as a facilitator of the parties’ discussions, not as a decision maker. The only binding thing that can come out of mediation is a settlement that all parties agree on. If there is not a mutually acceptable settlement and a final agreement among all parties (which, once signed, is of course binding, just like any contract), then the mediation is finished and everyone ends up right where they started. They haven’t given away any rights or benefits (thanks to the confidentiality rules), and they are free to pursue whatever other avenues they choose in connection with the dispute. It’s not unusual for mediation to take place before an arbitration or a trial. That’s when it is most likely to help. It gives the parties a chance to see if they can work something out with each other without giving anything away or committing to a binding procedure, and before they spend a lot of money, time, and heartburn on a trial. That’s why mediation is such a useful and important tool in dispute resolution; and it should be seriously considered by any leasing company or lender faced with a legal or contractual dispute. ADR, whether as arbitration, mediation, or some other non-judicial method of dealing with business disputes, is worth knowing more about and making a part of every company’s arsenal of problem solving approaches.
As a principal of the Alta Group, he serves as an industry expert in legal matters involving leasing, complex corporate financings, transaction structuring, and contract interpretation; and he provides services as a neutral mediator and arbitrator in difficult disputes over leasing and corporate finance, with emphasis on maintaining relationships and avoiding litigation. ---------------------------------------------------------------- KC Computer and AdvanceMe
Wednesday, March 28,2007 news edition about "Advanceme," who give an advance on credit card purchases as a form of a loan with a minimum of credit card volume of $1,700.00 per month, brought many positive responses. Many were also confused as there being label a "funder" in various leasing association. Leasing News wrote they are a funder, but not leasing. Leasing News wrote, "Their web site "www.advanceme.com" has a list of testimonials. Leasing News contacted them and found they were not only very pleased with the service, but were happy to recommend them. Mark Gailey purchased KC Computers in the small Northern California gold country town Sutter Creek and was responsible for paying off the remaining payments of the loan, he thought was 21% of the money advanced from the credit cards. He thought if sales went down one month, or he needed to purchase items, the convenience and the experience he had with AdvanceMe, he would utilize their service, and recommends them highly to others." Here is the actual testimonial from the www.advanceme.com web site: “I have used AdvanceMe since November, 2004. The company has been easy and enjoyable to work with. This type of funding is different but easy to use. KC is a small company but this type of funding fits our needs well. ” Sutter Creek is in the heart of the California Gold Country, now more a wine country, where many people who have lived in the San Francisco Bay Area have gone up to retire, or have a second home. http://www.leasingnews.org/items/Sutter_creek-map.gif Here is a link that you can move, for a wider picture: For readers who would like to know more about KC Computer, this is a recent article from Mark and Nadine Gailey are new owners of KC Computers at Sutter Hill, where Mark builds new computers, repairs computers and establishes computer networks for businesses throughout the county. New owners take over thriving computer business Having worked at KC Computers for three years, it was an easy transition for Mark Gailey, with his wife, Nadine, to purchase the 12-year business. "When Marshall Wells, the previous owner, retired after several other times, I saw the opportunity to buy this place," Gailey said. "One of the major things we'll be concentrating on is marketing to new clients." Gailey builds new computers, repairs personal computers at businesses and residences, and has built and maintains a number of intra-networks for local companies including a publication, auto repair sites and medical professionals. Gailey started his career in the early 1980s, working at IBM in San Jose, then Intel, before contracting with Motorola for 15 years. He and Nadine moved here four years ago from Gilroy to be closer to Nadine's family. "We knew the area and liked it, and it made sense for us to relocate," he said. The Gaileys, who live in Pine Grove, are parents to Kristopher, 15, a student at Amador High School, and Shania, 2. Currently, the couple and three employees staff the business at 460 Highway 49, Suite G, adjacent to the Trinity Thrift Shop at Sutter Hill. The employee roster may expand days open to Saturday to accommodate "working people who can't get to us during the week," Gailey said. "We're very pleased to continue a tradition of excellence set by Marshall at KC Computers," he added. For all your computer needs, call 267-9052 Monday through Friday, 9 a.m. to 5 p.m.
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--------------------------------------------------------------- Layton F. Krawiec joins Heritage Pacific Leasing
Heritage Pacific Leasing is pleased to announce that Clayton F. Krawiec has joined the sales staff at their Dallas offices. Clayton’s primary responsibility will be to increase lease volume on a national level. Clayton is a lifelong Texas resident and attended Texas A & M University. He has worked as Vice President of Operations for an oil & gas company, Sales Manager for mortgage banking institutions, has owned his own construction company, and has served President Bush as a member of his Advance Staff. Clayton lives in Frisco, TX where he is a member of Celebration Covenant Church and is active in the community. He will be assisting in building the Dallas office and can be personally reached at (972)219-0223 ext. 29 or emailed at claytonk@hpl1.com.
### Press Release ########################### CIT Announces Healthcare REIT IPO ‘Care Investment Trust’ to Invest in Healthcare-Related Commercial Mortgage Debt and Real Estate NEW YORK – – CIT Group Inc. (NYSE: CIT), a leading global provider of commercial and consumer finance solutions, announced yesterday that a registration statement on Form S-11 has been filed with the Securities and Exchange Commission regarding the initial public offering of Care Investment Trust Inc., a newly-organized, real estate investment and finance company that will principally invest in healthcare-related commercial mortgage debt and real estate. Care Investment Trust will be managed and advised by CIT Healthcare LLC, a unit of CIT. Care Investment Trust will elect to be taxed as a real estate investment trust (REIT) for federal income tax purposes. If approved, Care Investment Trust will list its common stock on the New York Stock Exchange under the symbol “CRE”. Credit Suisse Securities (USA) LLC and Merrill Lynch, Pierce, Fenner & Smith Incorporated will act as joint book-running managers for the offering. Care Investment Trust will provide financing to companies operating a full range of healthcare-related facilities, including skilled nursing facilities, hospitals, outpatient centers, surgery centers, senior housing, assisted living facilities, independent living facilities, continuing care retirement communities, medical office buildings, laboratories, and other healthcare facilities. A registration statement relating to these securities has been filed with the Securities and Exchange Commission but has not yet become effective. These securities may not be sold nor may offers to buy be accepted prior to the time the registration statement becomes effective. The offering will be made only by means of a prospectus. Copies of the preliminary prospectus, when available, may be obtained by contacting Credit Suisse Securities (USA) LLC, One Madison Avenue, New York, NY 10010-3629, attention: Prospectus Department, or by calling 1-800-221-1037 or Merrill Lynch, Pierce, Fenner & Smith Incorporated, 4 World Financial Center, New York, NY 10080, attention: Prospectus Department (4th Floor). About CIT Healthcare CIT Healthcare offers a full spectrum of financing solutions and related strategic advisory services to companies across the healthcare industry throughout the United States. It meets the diverse commercial financing needs of U.S. healthcare providers. About CIT CIT Group Inc. (NYSE: CIT), a leading global commercial and consumer finance company, provides clients with financing and leasing products and services to clients in a wide variety of industries. Founded in 1908, CIT has more than $74 billion in managed assets and possesses the financial resources, industry expertise and product knowledge to serve the needs of clients across approximately 30 industries worldwide. CIT, a Fortune 500 company and a member of the S&P 500 Index, holds leading positions in vendor financing, factoring, equipment and transportation financing, Small Business Administration loans, and asset-based lending. With its global headquarters in New York City, CIT has more than 7,300 employees in locations throughout North America, Europe, Latin America, and Asia Pacific. www.cit.com ### Press Release ###########################
Key National Finance promotes Gottwals and Jankoski H. Clifton Gottwals has been promoted to senior vice president, operations. In this role, Mr. Gottwals will provide strategic and operational direction to Key National Finance, with initial focus on Key Equipment Finance. His office is located at Key National Finance’s worldwide headquarters outside Boulder, Colorado. “Clif is uniquely qualified to fill this critically important role,” said Paul A. Larkins, president and chief executive officer, Key National Finance. “His extensive experience in operational re-engineering, operations management, sales effectiveness and automation, and numerous other critical disciplines make him uniquely qualified to take on this exciting new role.” In May 2006 Mr. Gottwals was named executive vice president, North America, within Key Equipment Finance’s global vendor services business. He joined Key Equipment Finance in 2001 as senior vice president of Operations in Key’s global vendor services group. During this time he also lead Key Equipment Finance’s European organizational redesign team. In 2003 he was named executive vice president, Global Programs and Strategic Planning, where he built a best-in-class global program management team. Prior to joining Key, he held operations positions of increasing responsibility with G.E. Capital Corp., Signet Bank and BancOne Leasing Corporation. Mr. Gottwals earned his bachelors of science degree in economics from the Washington and Lee University and his masters of science in economics from the London School of Economics. effrey S. Jankoski as vice president and business development manager specializing in material-handling equipment. In this role, Mr. Jankoski is responsible for identifying new material-handling equipment clients and developing vendor programs for Key Equipment Finance’s Construction and Industrial operation. His office is based in Huntersville, North Carolina. “During his more than 20 years’ experience in the equipment finance field, Jeff has exhibited a proven track record in the material-handling equipment market,” said Jeff Enoch, sales director, Construction and Industrial segment, for Key Equipment Finance’s global vendor services group. “I am confident he will be a strong asset as Key expands its market reach.” Prior to joining Key, Mr. Jankoski was North American business manager for Barloworld Finance in Charlotte, North Carolina. Previously he was northeast and southeast sales manager for Hyster Credit Company (a division of CIT). He earned his bachelors of arts in business administration (marketing) from the University of Cincinnati. Key National Finance includes the Equipment Finance and Consumer Finance businesses of KeyCorp. Equipment Finance professionals (dba Key Equipment Finance) meet the equipment leasing and financing needs of businesses of all sizes and provide global equipment manufacturers, distributors and resellers with financing options for their clients. Consumer Finance provides federal and private education loans and payment plans for students and their parents; makes marine loans through multiple channels; finances dealer inventories of automobiles, recreation vehicles and watercraft; makes home improvement loans through dealers; and provides payroll solutions for businesses of all sizes. Key National Finance’s five businesses total more than $29 billion in managed assets and nearly 1,700 employees in 26 countries. Cleveland-based KeyCorp is one of the nation’s largest bank-based financial services companies, with assets of approximately $93 billion. Key companies provide investment management, retail and commercial banking, consumer finance, and investment banking products and services to individuals and companies throughout the United States and, for certain businesses, internationally. ### Press Release ###########################
U.S. Bank Equipment Finance Names New VP in Capital Markets Finance DULUTH, Ga. — U.S. Bank Equipment Finance has named Tim Maloof as vice president of sales in its capital markets finance group, responsible for identifying, building and managing funding relationships with peer group bank-owned leasing companies as well as large commercial finance companies. In addition, he will seek to acquire lease and loan transactions and interact with intermediaries, such as income funds. Maloof comes to U.S. Bank Equipment Finance with 23 years of experience in the equipment financing industry. He was most recently with ORIX Commercial Finance and prior to that he held positions at Lyon Credit Corporation (Credit Lyonnais Bank), Chrysler Capital, CIT and GE Capital. Maloof is based in Duluth, Ga., and can be reached by phone at (770) 291-2002. “We’re pleased to have Tim join the capital markets team of our vendor finance group. He brings with him many years of industry experience and a proactive marketing style that will help build new client relationships,” said Jamie Gioia, executive vice president and general manager of the vendor finance group. Maloof earned a bachelor’s degree in finance from Georgia State University. He resides in Lawrenceville, Ga. with his wife and children. U.S. Bank Equipment Finance, one of the largest bank-affiliated equipment finance companies in the nation, has been providing quality equipment finance solutions for 35 years. It’s a major funding source for companies in virtually every industry sector nationwide. The capital markets finance group serves principals and peer institutions in the middle-market and upper-middle market syndications community and buys single investor transactions, participations and debt streams. Visit U.S. Bank Equipment Finance online at www.usbank.com/leasing. U.S. Bank Equipment Finance is part of U.S. Bancorp (NYSE: USB). With assets of $219 billion, U.S. Bancorp is the 6th largest financial holding company in the United States. The company operates 2,472 banking offices and 4,841 ATMs, and provides a comprehensive line of banking, brokerage, insurance, investment, mortgage, trust and payment services products to consumers, businesses and institutions. U.S. Bancorp is the parent company of U.S. Bank. Visit U.S. Bancorp
### Press Release ###########################
News Briefs---- Sporting News Research Study Concludes Sports May Be Contributing to the Decline Merrill’s Subprime Risk High Rates on 30-year mortgages unchanged near '07 low Panel Backs Bill To Restrain Fannie, Freddie Qwest, AT&T, Verizon win government telecom contract worth up to $48 billion; Sprint left out Housing slump expected to keep economy at sluggish pace Dell says audit found accounting errors Microsoft launches Deepfish, new Web browser for smart phones ---------------------------------------------------------------
You May have Missed--- First Flight of the New Airbus A380 (This is courtesy of Charlie Lester. He sent it to me with this message: ” Your new private plane is almost ready for you. See the shot of the girl in the blue shirt and tell me that ain’t duct tape on the wall holding that plane together. Charlie.” ----------------------------------------------------------------
“Gimme that Wine” Kosher wines climb in quality; Zin Man takes the summer off; honors for St. J Riesling Martine Saunier/Pairing wine with pleasure Wine Prices by vintage ----------------------------------------------------------------
Calendar Events This Day Doctor’s Day Mule Day National Hot Dog Day Trinidad and Tobago: spiritual Baptist Liberation Shouter Day Saint Feast Days
http://www.catholic.org/saints/f_day/mar.php ----------------------------------------------------------------
The pineapple is a very big berry. (Number 15 incorrect. The pineapple is a “terrestrial herb.”) http://www.hort.purdue.edu/newcrop/morton/pineapple.html
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Today's Top Event in History 1950-- Dr. John Northup Shive of the Bell Telephone Laboratories, Murray Hill, New Jersey, announced he had developed a “phototransistor” operated by light rather than electric current. It was not until 1951 that transistors were produced commercially, the first for Western Electric, used in long distance dialing equipment. The microprocessor did not come along until the late 1970, developed by Intel, Santa Clara, California. [headlines]
This Day in American History 1492 --King Ferdinand & Queen Isabella sign decree expelling Jews from Spain. Cristo Colombo’s navigator was Jewish, but not told to the royalty. It was he who discovered the new land, they thought was India (thus the natives were called Indians) and also changed the date from the 13th to the 12th, as they thought it would be unlucky to record the event on that number. In reality, neither actually stepped on either the South or North America continents in their five trips to the area. NCAA Basketball Champions This Date 1940 Indiana -------------------------------------------------------------- Spring Poem
I love life; to be free as the bird on the wing, To listen to the church bells ring, The falling leaves as autumn's winds sing, I love life for its joys and sorrows, I love life with all the beauties of nature's wonderland, I love life; oh, let me know it to the full in living — Bee Samann -------------------------------------------------------------- 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 -------------------------------------------------------------- Daily Puzzle How to play: Refresh for current date: -------------------------------- |
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