[headlines]
--------------------------------------------------------------

Classified Ads---Asset Management

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

Orange County, CA 20+ years with record of success. Hands on manager that can show how its done to get great results in Asset Management michaellosey@gmail.com http://www.linkedin.com/pub/michael-losey/12/229/824

San Francisco, CA Ten years experience setting residuals, negotiating leases and remarketing equipment across a broad spectrum of large ticket asset types including marine, intermodal, mining, energy, manufacturing. geoffwalshe@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

[headlines]
--------------------------------------------------------------

Story Credit Lessors---Up-Dated

These companies specialize in "C" and "D" credits, often new businesses, or businesses where the principal(s) have Beacon score around 600 or previous difficulties; meaning to become comfortable with the credit and financial situation you need to learn the "story" to make a positive decision, often requiring further security, shorter term, or additional guarantors. Many of these companies may also have programs for “A” and “B” rated companies, but their specialty is not being a “cookie cutter” and often require full financial statements and tax returns as well as a “story about the company, its history, goals, circumstances” to fully understand the full financial picture.

Also listed below the dollar amounts are companies that who are known for accepting "subprime leasing." There are many lessors with non-recourse lines and sources as well as brokers who sub-broker transactions, which is common in the industry. The categories are based on leasing association categories and to make the funder list banks and/or investors are confirmed.

To qualify for this list, the company must be a funder (as qualified by Leasing News and on the “Funder List” and not a "Broker/Lessor" or "Super Broker/Lessor", along with an acceptable Better Business Bureau Rating and no history of complaints at Leasing News, as well as notifying lessees in advance when the lease will end and what the residual will be, specifically not automating extra lease payments, or insisting their discounter follow the same policy. We reserve the right to not list a company who does not meet these qualifications.

We encourage companies who are listed to contact us for any change or addition they would like to make. Adding further information as an "attachment" or clarification of what they have to offer would be helpful to readers is very much encouraged.

Click on Name to see Listing

Alphabetical list - click on company name to view more details
Advantage Funding Agility Ventures Allegiant Partners Incorporated American Leasefund, Inc.  Bankers Capital  Black Rock Capital BSB Leasing, Inc	Calfund, LLC Cobra Capital, LLC Dakota Financial Financial Pacific Leasing Forum Financial Services, Inc. Gonor Funding Maxim Commercial Credit  National Machine Tool Financial	Northwest Leasing Company, Inc.  Pawnee Leasing Corporation P&L Capital Corporation  Standard Professional Services, LLC Summit Leasing, Inc. TEAM Funding Solutions

Full List:
http://www.leasingnews.org/Story_Credit/Story_Credit.htm

[headlines]
--------------------------------------------------------------

Funders Looking for New Broker Business—Up-Dated

To qualify for this list, the company must be a funder (as qualified by Leasing News and on the “Funder List” an acceptable Better Business Bureau Rating and no history of complaints at Leasing News, as well as notifying lessees in advance when the lease will end and what the residual will be, specifically not automating extra lease payments, or insisting their discounter follow the same policy. We reserve the right to not list a company who does not meet these qualifications.

There is no advertising fee or charge for a listing. They are “free.” Leasing News makes no endorsement of any of the companies listed, except they have qualified to be on this specific list.

We encourage companies who are listed to contact us for any change or addition they would like to make. Adding further information as an "attachment" or clarification of what they have to offer would be helpful to readers is very much encouraged

Send company name, contact/email or telephone number as well as a URL to attach or description to kitmenkin@leasingnews.org

(Click on name to Open)

1st Enterprise Bank Leasing Advantage Funding Agility Solutions Allegiant Partners Incorporated Allegheny Valley Bank Leasing  American Leasefund, Inc. Bank of the West Bankers Capital  Barrett Capital Corporation Black Rock Capital Blackstone Capital Partners, L.P. Blue Bridge Financial, LLC Boston Financial & Equity Corp.

BSB Leasing, Inc. Calfund, LLC Chesapeake Industrial Leasing Co., Inc. Cobra Capital LLC Commerce National Bank Leasing  Dakota Financial  Data Sales Co., Inc. Exchange Bank Leasing (formerly Dumac Leasing) FirstLease, Inc. First Federal Leasing Financial Pacific Leasing Forum Financial Services, Inc. Gonor Funding Lease Corporation of America Manufacturer's Lease Plans, Inc

Mar Vista Financial Maxim Commercial Credit, LLC National Equipment Finance National Machine Tool Financial Corporation NFS Leasing, Inc Northwest Leasing Company, Inc P&L Capital Corporation Pawnee Leasing Corporation RLC Funding Standard Professional Services, LLC Summit Leasing, Inc. TEAM Funding Solutions Vision Financial Group, Inc.

Full List:
http://www.leasingnews.org/Funders_Only/New_Broker.htm

 

 

[headlines]
--------------------------------------------------------------

New Hires---Promotions

Larry Artman appointed vice president at Magnolia Financial, Greater Atlanta Area. Previously he was vice-president, regional sales manager, Bay View Funding.
www.linkedin.com/pub/larry-artman/22/81/481

Kevin Collins, CLP, has joined Marlin Business Services Corp.'s Healthcare Finance Group Senior Business Manager, greater Chicago area. Previously he was business development officer (healthcare) TCF Equipment finance (July, 2011-August, 2012), founder & networking leader--helping others succeed!, Professional Leadership Group (August, 2009-october, 2001), trusted advisor/vendor financial sales-medical devices, software & IT, Wynn Consulting (September, 2009-July, 2011), national account manager, Enterprise sales/strategic accounts (vendor) FirstCorp (October, 2003-July, 2009), president/owner, Wynn Consulting (December, 2002-October, 2003), director of sales, CIT Group (December, 2001-november, 2002), direct enterprise channel sales & strategic accounts, Bombardier capital (August, 1998-August, 2001), national sales manager, vendor financing (GE Capital (August, 1997-July, 1998)Certified Lease Professional "CLP", Leasing and Financing CLP Foundation
www.linkedin.com/in/kevincollinsclp

Alvaro “Al” Damiani was hired as Chief Financial Officer, Advantage Funding, Lake Success, New York. Previously he was CFO, vendor finance, US, CIT Group (September, 2008-September, 2012), CFO-commercial finance group, Citicapital (Citigroup) (2006-2008), CFO-Business Technology, Healthcare Energy Group (Citicapital (Citigroup (2000-2006), controller, Copelco Capital (acquired by Citigroup) (1198-200)Fordham University, Bachelor of Science (B.S.), Accounting, Pace University, Master of Business Administration (MBA), Finance, General.
www.linkedin.com/in/aldamiani

Andrew "Andy" Fishburn has been appointed Vice President of Federal Government Relations, Equipment Leasing and Finance Association, Washington, D.C. Previously he was deputy assistant secretary, legislative affairs, U.S. Department of the Treasury (2004-2007). "Mr. Fishburn has focused on legislative, financial and tax policy matters throughout his distinguished career within the Department of Treasury and the U.S. Congress. He served in legislative affairs positions and as senior advisor to four Secretaries of the Treasury, including as a Deputy Assistant Secretary under Secretaries John Snow and Henry Paulson. During 2010 and 2011, he served on the staff of the U.S. Senate Committee on Finance and worked for Sen. Max Baucus (D-Mont.) on tax policies such as bank taxation, tax administration, oversight of the IRS, tax extenders and small business tax issues. Most recently, he was the Director of Legislative and Intergovernmental Affairs at the U.S. Mint, acting as the Bureau’s lead legislative strategist and congressional liaison. He has a B.S. in environmental studies from the University of Michigan and a Master of Public Affairs from Indiana University. Indiana University Bloomington, Master of Public Administration (MPA), Environmental Policy/Policy Analysis (1996 – 1998). University of Michigan, Bachelor of Science (BS), Environmental Studies
www.linkedin.com/pub/andrew-fishburn/57/998/782

Carrie Garcia is no longer at Allegiant Partners, seeking work. She joined the firm February, 2008 as credit administrator and became an Associate August, 2009. Previously she was a server, the Seafood Peddler (January, 2008-April, 2008), Barista, Starbucks Coffee (September, 2005-October, 2006), clerk, Human Resources, Dominican University of California (September, 2004-May-2005).
www.linkedin.com/in/carriegarcia misscarriegarcia@gmail.com

Stacy Griffin has been promoted to Business Development Manager at Marlin Business Services Healthcare Finance Group, "greater Philadelphia, Pennsylvania. she joined the firm May, 2011. Previously she was business development manager, Robard Corporation (February, 2010-Mayu, 2011), regional account manager, Thomas Scientific (August, 2008-February, 2010) pricing and leasing analyst, Siemens Healthcare (September, 2004-September, 2008). Regional manager, Copelco (1994-2000).Colorado Technical University Bachelors, Management (2004 – 2007).
www.linkedin.com/pub/stacy-griffin/1a/899/b5b

Michael L. Leonard was named Senior Vice President at Veterans Leasing & Finance. Inc. Greater Atlanta Area. Previously he was vice president, leasing, Bank of the Ozarks (March, 2011-September, 2012), territory manager specialty vehicle group, Wells Fargo Equipment Finance (July, 2008-March, 2010), National Accounts manager, Paccar Financial (August, 2002-April, 2008), sr. vice president, Financial Federal Credit (200-2002), sr. vice president, Orix Credit Alliance (1987-2000), Asst. vice president, Associates Commercial Corporation (1972-1987). The University of Georgia, Education (1965 – 1968), www.linkedin.com/in/mikeleonard3

Patricia "Patty" Mascaro was promoted to Senior Business Development Manager, Marlin Leasing's Healthcare Financial Group, Marlin Business Services, Mount Laurel, New Jersey. Greater Pittsburg Area. She joined Marlin March, 2012. Previously she was national sales manager-VFG HealthCare Finance Division, VFG Leasing & Finance (March, 2010-March, 2012), region sales manager, Creekridge Capital (July, 2008-March, 2010), financial services account manager-Healthcare Financial Services, GE Commercial Finance (July, 2007-July, 2008), region sales manager, US Express Leasing (May, 2004-July, 2007), District sales manager, Wells Fargo Financial (August, 2003-May, 2004), district sales manager, De Lage Landen (September, 1999-August, 2003). University of Pittsburgh, B.S., Psychology, Sociology Minor (1983 – 1986), Graduated Cum Laude, Purdue University, Psychology, Sociology Minor (1982 – 1983).
www.linkedin.com/in/pattymascaro

Terry Sandoval was hired as vice-president of Lease Origination at ATEL Capital, San Francisco, California. Previously he was private equipment group-account manager, First National Capital Corporation (February, 2010-Septejber, 2012), finance advisor, MassMutual Financial Group, June, 2008-march, 2009), relationship manager, Wachovia, a Wells Fargo Company (August, 2008-June, 2008).University of San Diego (2004 – 2008). “ATEL has scored another hiring victory with Taylor. He is extremely knowledgeable of our target market of Fortune 1000 companies and has the energy and strategic selling skills to be an industry stalwart for years to come,” said Ken Fosina, ATEL Leasing’s executive vice president. University of San Diego (2004 – 2008).
www.linkedin.com/pub/taylor-sandoval/9/38a/60

 

[headlines]
--------------------------------------------------------------

Leasing Industry Help Wanted

General Legal Counsel National Bank Holding Company in Southern California 10+ yrs exp. commercial finance/leasing industry. Background in employment law, contract origination,bankruptcy litigation/ must possess an immense veracity, extensive understanding on wide range of legal issues and business experience. Salary requirements + resume: rose.jones98@yahoo.com

 

New Orange County Office Taycor has developed and tested an innovative and unique marketing engine, and we are ready to grow!  We are looking for closers and relationship builders, not cold callers. (Full description) jobs@taycor.com or apply online at www.taycor.com

 

For information on placing a help wanted ad, please click here:
http://www.leasingnews.org/Classified/Hwanted/Hwanted-post.htm

Please see our Job Wanted section for possible new employees.

 

[headlines]
--------------------------------------------------------------
 

SBA Raises Lending Size Limits 58 Industries

The increases is beneficial to community and regional banks, as well as finance and the leasing industry.

Office Machinery and Equipment Rental and Leasing	$25.5	$30.0
Other Commercial, and Industrial Machinery and Equipment Rental and Leasing	$7.0	$30.0
Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)	$7.0	$35.5

There are other categories that will benefit the community bank, regional bank, finance and leasing industry.

First, a size standard, which is usually stated in number of employees or average annual receipts, represents the largest size that a business (including its subsidiaries and affiliates) may be to remain classified as a small business for SBA and federal contracting programs. The definition of “small” varies by industry. It can be up to 2,500 full time employees.

In a further effort to stimulate business, the dollar amounts available have been raised.

SBA increased size standards for businesses in 21 industries in the Real Estate and Rental and Leasing Sector. More than 13,000 additional firms will qualify as small under these new size standards and become eligible for SBA loan and federal procurement programs.

SBA also increased size standards for nine industries for firms in the Educational Services Sector. More than 1,500 additional businesses will qualify as small under the new size standards and become eligible for SBA loan and federal procurement programs.

Size standards for 28 industries were also increased for firms in the Health Care and Social Assistance Sector. More than 4,100 additional firms will qualify as small under these new size standards and become eligible for SBA loan and federal procurement programs.

Here is a partial list:

532111	Passenger Car Rental	$25.5	$35.5
532112	Passenger Car Leasing	$25.5	$35.5
532120	Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing	$25.5	$35.5
532210	Consumer Electronics and Appliances Rental	$7.0	$35.5
532220	Formal Wear and Costume Rental	$7.0	$19.0
532230	Video Tape and Disc Rental	$7.0	$25.5
532291	Home Health Equipment and Rental	$7.0	$30.0
532411	Commercial, Air, Rail, and Water, Transportation Equipment and Rental	$7.0	$30.0
532412	Construction, Mining and Forestry Machinery and Equipment Rental and Leasing	$12.5	$30.0
532420	Office Machinery and Equipment Rental and Leasing	$25.5	$30.0
532490	Other Commercial, and Industrial Machinery and Equipment Rental and Leasing	$7.0	$30.0
533110	Lessors of Nonfinancial Intangible Assets (except Copyrighted Works)	$7.0	$35.5
Sector61,EducationalServices
611110	Elementary and Secondary Schools	$7.0	$10.0
611210	Junior Colleges $7	.0	$19.0
611310	Colleges, Universities and Professional Schools	$7.0	$25.5
611420	Computer Training	$7.0	$10.0
611430	Professional and Management Development Training	$7.0	$10.0
611519	Other Technical and Trade Schools	$7.0	$14.0
611519	Language Schools	$7.0	$10.0
611699	All Other Miscellaneous Schools and Instruction	$7.0	$10.0
611710	Educational Support Services	$7.0	$14.0
Sector62,HealthCareandSocialAssistance
621420	Outpatient Mental Health and Substance Abuse Centers	$10.0	$14.0

621491	HMO Medical Centers	$10.0	$30.0
621492	Kidney Dialysis Centers	$34.5	$35.5
621493	Freestanding Ambulatory Surgical and Emergency Centers	$10.0	$14.0
621498	All Other Outpatient Care Centers	$10.0	$19.0
621511	Medical Laboratories	$13.5	$30.0
621512	Diagnostic Imaging Centers	$13.5	$14.0
621610	Home Health Care Services	$13.5	$14.0
621910	Ambulance Services	$7.0	$14.0
621991	Blood and Organ Banks	$10.0	$30.0
621999	All Other Miscellaneous Ambulatory Health Care Services	$10.0	$14.0
622110	General Medical and Surgical Hospitals	$34.5	$35.5
622210	Psychiatric and Substance Abuse Hospitals	$34.5	$35.5
622310	Specialty (except Psychiatric and Substance Abuse) Hospitals	$34.5	$35.5
623110	Nursing Care Facilities (Skilled Nursing Facilities)	$13.5	$25.5
623210	Residential Intellectual and Developmental Disability Facilities	$10.0	$14.0
623220	Residential Mental Health and Substance Abuse Facilities	$7.0	$14.0
623311	Continuing Care Retirement Communities	$13.5	$25.5
623312	Assisted Living Facilities for the Elderly	$7.0	$10.0
623990	Other Residential Care Facilities	$7.0	$10.0
624110	Child and Youth Services	$7.0	$10.0
624120	Services for the Elderly and Persons with Disabilities	$7.0	$10.0
624190	Other Individual and Family Services	$7.0	$10.0
624210	Community Food Services	$7.0	$10.0
624221	Temporary Shelters	$7.0	$10.0
624229	Other Community Housing Services	$7.0	$14.0

624230	Emergency and Other Relief Services	$7.0	$30.0
624310	Vocational Rehabilitation Services	$7.0	$10.0

Partial List as PDF:
http://leasingnews.org/PDF/NewSBASizeLimits.pdf

Comprehensive personal property tax outsourcing services We accept file exports and integrate personal property tax information with all lease management or accounting software. No other firm offers the combination of individual attention, software capabilities expertise, "full disclosure" and web port accessibility to information more than we do.  Click here to learn what our clients say about our service Gary DiLillo, President 440.871.0555 or gary@avptc.com

 

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. 502.649.0488/Leaseconsulting@msn.com

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

 

[headlines]
--------------------------------------------------------------

CIT: Middle Marked Poised for Growth in Coming Year

Middle Market Companies Stronger Today
Than before the Great Recession

 

According to a new CIT new research, “The majority of middle market executives also report that, during the next 12 months, their companies are likely to: increase the range of products and services they offer in current markets (65%); expand into adjacent markets (58%); and enter other geographic regions (54%). In addition, about 4 in 10 middle-market leaders (42%) also expect to expand their workforce in the coming year.”

“Although they might often be overlooked for more blue chip companies, the middle market is a critical component of the U.S. economy today”

John A. Thain
Chairman/CEO

“Middle market companies have long been the backbone of the U.S. economy, employing tens of millions of Americans and generating trillions in revenue annually,” said John A. Thain, Chairman and Chief Executive Officer. “At CIT, we recognize the importance of these companies and have been dedicated to providing lending, leasing, and advisory services to the middle market for more than 100 years. This research is another extension of our commitment to this critical group of companies, exploring their views and perspectives on important issues affecting them today.”

According to the research, a vast majority of middle market executives agree that middle market companies are: job creators (97%), barometers of the U.S. economy (95%), and drivers of innovation (91%).

Other Key Findings

Financing an Area of Satisfaction

Overall satisfaction with financing proves high. Eight in ten middle market executives (81%) report that they are satisfied with their company’s access to financing, as well as the cost of financing for their company. Most also say that they are satisfied with the variety of financing alternatives available to their company (79%).

Impact of the Presidential Election

Not surprisingly, the vast majority of middle market executives (81%) say that the outcome of the presidential election will have an impact on the health of the economy; 38 percent say it will have a major impact. However, 71 percent say that the presidential candidates spend too little time talking about the middle market.

Federal Regulation a Concern, along with Economic Uncertainty and Talent Management

Looking ahead to the next 12 months, middle market executives express concern about continued economic uncertainty at the national level (83%) and talent management—the ability to retain top talent (59%) and to hire top talent (55%). Additionally, more than half (56%) are concerned about compliance with federal regulations, and healthcare reform tops the list of existing or pending federal legislation or regulation with the greatest impact on their companies.

Room for Improvement in Strategic Management

Many middle market companies seem to fall short on their strategic management capacity. Based on the findings of the study and questions about company strategy, organization structure, effectiveness of business units, measuring and rewarding performance, and organizational culture, researchers developed an index to rate the management capacity of middle market companies. According to this index, only 26 percent of middle market executives represent companies that have strong strategic management. In fact, just one third (33%) of executives surveyed say that their company has in place a clear strategy that was reached by a consensus of key executives, that has been communicated, and that addresses short- and long-term implications. Almost one in four (24%) say that their company’s strategy has not been communicated or that their company has no clear strategy in place.

About the Survey
KRC Research, on behalf of CIT, fielded an online survey among 300 U.S. middle market executives representing a range of industries. Researchers conducted fieldwork in the summer of 2012. In order to be eligible to participate in the survey, respondents had to be in a leadership role at firms with revenues between $25 million and $1 billion, the majority of whose employees were based in the United States. Researchers defined leadership roles as: Owner, Board Member, C-Suite Executive (Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, Chief Information Officer, Chief Investment Officer, or other C-Suite title), or SVP/VP/Director.

 

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

[headlines]
--------------------------------------------------------------

Every Asset Based Lender’s Nightmare!
By Frank Peretore, Esq., Scott Chait, Esq. and Tom McCurnin, Esq.

Lenders which Received From Subsidiary of Borrower Collateral For
New Loan and Funds for Settlement of Existing Loan Have To Return
Both as Fraudulent Conveyance

Asset based lenders rely heavily on the value of their collateral and their right of recourse to the collateral in the event of default. Indeed, asset based lenders take great pains to make sure their liens are properly perfected so no one, not even a bankruptcy trustee, can deny them their recourse rights to the collateral. So what if there were a body of law that would allow a bankruptcy trustee to deny an asset based lender its collateral, even where the lender properly perfected its lien, as much as four to six years after the loan closing? There is such a body of law and it reared its ugly head most recently in the bankruptcy case of In re TOUSA, Inc., 2012 WL 1673910.

This is a complicated case, which, in a nutshell, may impose a duty of creditors to examine the source of settlement funds and to gauge the solvency of borrowers’ subsidiaries, before receiving settlement funds from, or making a new loan secured by the collateral of, subsidiaries.

TOUSA was the thirteenth largest home building in the United States, with many subsidiaries. TOUSA and one of its subsidiaries, In 2005, Transeastern were obligors to Transeastern’s lenders. TOUSA and Transeastern defaulted on the loans and litigation ensued. This default triggered defaults on many other loans where TOUSA was an obligor with other subsidiaries. In order to settle the Transeastern litigation the “other subsidiaries” put up assets as collateral for loans from “new lenders” to pay off the “Transeastern Lenders”, to the tune of more than $400 million. In 2007, about six months after the settlement, TOUSA and all of the subsidiaries filed for bankruptcy, due mainly to the crashing real estate values.

The Creditor’s Committee in the bankruptcy then filed an action against the New Lenders to vitiate their liens on the collateral posted by the other subsidiaries, and to thereby turn the New Lenders’ $400 million claim from secured to unsecured! The Creditor’s Committee argued that the other subsidiaries granting a lien on their assets to secure a loan where the loan proceeds were used to pay off loans the other subsidiaries were not liable for, to wit, the Transeastern loans, was a fraudulent conveyance. The Creditor’s Committee also sued the Transeastern Lenders under the same legal theory. There were three courts and three different opinions.

All you really need to know is that the Creditor’s Committee won on all counts. In short, the fraudulent conveyance law says that if the other subsidiaries were not liable for the Transeastern loans, then their putting up their collateral for new loans to pay of the Transeastern Lenders is a fraudulent conveyance as against the New Lenders and The Transeastern Lenders if:

1. The other subsidiaries did not, directly or indirectly, get the “reasonable equivalent” value of their collateral, and

2. At the time of the closing the other subsidiaries were insolvent or became insolvent as a result of the granting of the lien in their collateral.

The court had no problem concluding the other subsidiaries did not get reasonably equivalent value since they didn’t get anything except a mere 6 month delay of the bankruptcy of their parent company, TOUSA: remember the other subsidiaries were not even guarantors of the Transeastern loans. The court also did not have much trouble concluding the other subsidiaries were insolvent at the time of the closing, especially when all entities ended up filing for bankruptcy within six months of the closing. In 2007, real estate prices were in a free fall.

The first lesson here is for lenders making new loans: BEWARE the loan where the loan proceeds do not go directly to the party pledging the collateral or for their direct benefit. If you are going to make a loan where the proceeds are not going to or for the direct benefit of the party pledging the collateral, there must be a full and thorough analysis of the finances of the party pledging the collateral to confirm they are not insolvent and will not become insolvent as a result of your transaction. Here the Court noted that the lenders knew that the subsidiaries were, or were about to become, insolvent. The lender’s argument that the insolvency of the subsidiaries was unexpected was thoroughly rejected. Heretofore, the knowledge of the transferor’s insolvency was not a requirement. It remains to be seen how the courts treat the issue of knowledge in the 11th Circuit after this decision.

The second lesson is for lenders accepting payoffs: BEWARE the payoff coming from a source other than your borrower. This issue is similar to the preference law concerns of any lender accepting a payoff. Here, however, the exposure is not limited to 90 days, but can run into years. Notably, the Transeastern Lenders may have been able to defeat the Creditor’s Committee’s claims if they had obtained a guaranty from the other subsidiaries at the time of the original loans. But the guaranty must itself not be vulnerable to attack. For example, if the guaranty was entered within the statute of limitations for fraudulent conveyances and the other subsidiaries did not receive reasonably equivalent value for the guaranty, the guaranty itself could be vitiated and the payoff again recaptured by the Creditor’s Committee. Although the Lenders argued that this due diligence would place unreasonable constraints on them. The 11th Circuit stated, “But every creditor must exercise some diligence when receiving payment from a struggling debtor. It is far from a drastic obligation to expect some diligence from a creditor when it is being repaid hundreds of millions of dollars by someone other than its debtor.”

Because the loan funds were wired through a series of 3-4 different wires, Lenders tried to argue the “second transferee” doctrine insulated them from a fraudulent conveyance claim. This doctrine generally provides that if there is an intermediary transferee between the alleged fraudulent conveyance transferor and the ultimate recipient, the transfer cannot be held to be fraudulent." The 11th Circuit saw right through this structure and stated that the Court had to look beyond the particular transfers in question to the entire circumstance of the transactions when deciding whether the lenders controlled the transaction. The short answer is there may not be a way to document around a fraudulent conveyance. If a securitizer is handling the proceeds of a settlement like this, it might be wise for the securitizer to advise the participants of a potential fraudulent conveyance. In other words, the lead lender might want to tell the participating lenders that the money they are getting today, might be coming back tomorrow. Given the TOUSA decision, this seems like prudent practice.

Finally, it should be noted that this “upstream” (a subsidiary acting for the benefit of a parent) pledge problem also applies to upstream guarantees. When a lender obtains a guarantee from a subsidiary any payments by the subsidiary pursuant to the guaranty are similarly at risk to fraudulent conveyance claims.

Frank Peretore is a founding member and Scott Chait is an associate of the firm Peretore & Peretore, P.C. in Sparta.

Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.

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

 

 

Terrier/Fox Terrier (Wirehaired)
San Rafael, California Adopt-a-Dog

Trixie
ID#: 4792792
Female
Size: 8 1/2 lbs

Spayed, housetrained, up to date with shots, and not good with kids.

“Trixie is beyond cute! Just 8 1/2 lbs. Age about 1 year. Very shy at first. One volunteer believes she will become a 'velcro' dog for some lucky person. She has a beautiful tri-color coat. For more info, pls go to: www.allcreaturesmarin.org”

Rescue Group: All Creatures Animal Caring Society
Pet ID #: 4792792
www.AllCreaturesMarin.org
Contact: Lyn Gladstone
Phone: (415) 456-1941
Let 'em know you saw "TRIXIE" on Adopt-a-Pet.com!
E-mail: lyncat1@sbcglobal.net
Let 'em know you saw "TRIXIE" on Adopt-a-Pet.com!
Fax: (415) 456-2003
Website: http://www.allcreaturesmarin.org
Address: P O Box 3664
San Rafael, CA 94912

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/

Fernando's View
By Fernando F. Croc

Clint Eastwood’s sports drama (“Trouble with the Curve”) and a top-notch police thriller (“End of Watch”) hit theaters, while ghoulish fun (“Dark Shadows”) and a pair of Hong Kong hits (“The Flying Swords of Dragon Gate,” “In the Mood for Love”) await DVD viewers.

In Theaters:

Trouble with the Curve (Warner Bros.): After scoring Oscar gold with the boxing drama “Million Dollar Baby,” the legendary Clint Eastwood returns to the sports arena in this relaxed baseball drama. Eastwood stars as Gus Lobel, a veteran Atlanta Braves scout who finds that his training methods are increasingly at odds with today’s computer-based style. When he considers retirement, his friend Pete (John Goodman) asks Gus’ attorney daughter Mickey (Amy Adams) to help him remain in the game. That’s when they meet Johnny (Justin Timberlake), a fellow scout who helps the old timer learn the new tricks of the trade. Though directed by newcomer Robert Lorenz, the movie bears the trademarks (unpretentious style, spiky humor, humanistic messages) that made Eastwood’s own directorial career such a distinctively American brand of cinema.

End of Watch (Open Road Films): Director David Ayer further cements his reputation as a maker of gritty urban dramas with this intense look at the friendship between a pair of Los Angeles police officers. Brian Taylor (Jake Gyllenhaal) and Mike Zavata (Michael Pena) are close pals who together cruise the most dangerous corners of the city, often coming in contact with brutal criminals. Their bond is tested when a routine traffic stops leads to a massive drug bust, and suddenly they find themselves (an their families) targeted by a vicious international cartel. At times making startling use of the you-are-there camera made famous by the TV show “Cops,” the film is a visceral, suspenseful, and often disarmingly funny account of everyday heroism with excellent performances by Gyllenhaal and Pena.

Netflix Tip: With “End of Watch,” director David Ayer continues his preoccupation with the thin line between law and crime. So check out Netflix for his previous explorations of tough law situations, from “Training Day” and “Dark Blue” to “Harsh Times” and “Street Kings.” New on DVD:

On DVD:

Dark Shadows (Warner Bros.): Tim Burton delivers more of his inimitable blend of whimsy and ghoulish humor in this visually sumptuous horror-comedy. Based on the cult TV series, the story centers on Barnabas (Johnny Depp), an 18th-century playboy vampire who makes the mistake of crossing beautiful witch Angelique (Eva Green). As punishment, he loses his beloved and is imprisoned in a tomb, only to be freed two centuries later in the funky 1970s. Trying to adapt to the strange times and to the hilariously dysfunction family now running his majestic manor, he comes face to face with his lost love… as well as with his witchy nemesis. With an excellent cast that includes Michelle Pfeiffer, Helena Bonham Carter and Chloe Moretz, Burton’s latest is an often delectably clever tribute to weird families everywhere.

The Flying Swords of Dragon Gate (Indomina): One of the major creative forces in the Hong Kong film industry for decades, director Tsui Hark is famous for his lush and outlandish marital-arts epics, and his latest effort doesn’t disappoint. Set during the Ming Dynasty centuries ago, the story features iconic kung-fu star Jet Li as Zhou, a brave warrior whose battle against corruption leads him to female fighter Ling (Chen Kun), Mongol princess Buludu (Gwei Lun-mei), and a horde of bandits, noblemen, and lookalikes. Throughout this series of skirmishes and intrigues, the filmmaker maintains a breathless pace and an eye-popping visual sense. For audiences only familiar with martial-arts movies through “Crouching Tiger, Hidden Dragon,” here’s a chance to broaden your high-flying, butt-kicking horizons. With subtitles.

In the Mood for Love (Criterion): One of last decade’s greatest films, this 2000 romance from Chinese master Wong Kar Wai (“Chungking Express”) is cinema at its purest. Set in Hong Kong during the 1960s, it chronicles the aching yearning between two people who live next to each other, melancholy newspaper editor Chow (Tony Leung Chiu Wai) and lovely secretary Li-Zhen (Maggie Cheung). Though they’re both married, the two begin a chaste yet intense friendship that seems fueled by buried passion. A shocking discovery strengthens their bond, but can they push their feelings for each other to the next level? Making splendid use of color, movement, music and the stars’ performances, Wong weaves a sublime mosaic of memory, emotion, and possibility. A must-see for movie lovers everywhere. With subtitles.

 

[headlines]
--------------------------------------------------------------

 

Open Positions at Leasing Funders/Various Locations

(Most of the listing have "open positions." While you may find ones that do not, check back later, as they may have added an opening.)

Advantage Funding
http://www.advantagefund.com/employment.htm

AIG
http://www.aigcorporate.com/addresources/globalcareers.html

Altec
https://careers.altec.com/psc/P90HALT_APP/APPLICANT
/HRMS/c/HRS_HRAM.HRS_CE.GBL?nocrumbs=yes&

Alter Moneta
http://www.altermoneta.com/careers/opportunities.html

Atlas Copco
http://www.atlascopco.com/us/careers/openjobs/

Balboa Capital
http://www.balboacapital.com/about_us/careers.aspx

Bank of America
http://careers.bankofamerica.com/overview/overview.asp

Bank of Ozarks
https://bankozarks.applicantharbor.com/jobmainlist.php?a=m

Bank of the West
https://www.bankofthewest.com/about-us/careers/job-search.html
(type in state, and keyword leasing or category)

CIT Job Openings
http://sj.tbe.taleo.net/SJ1/ats/careers/jobSearch.jsp?org=CIT&cws=1

CSI Leasing
http://www.csileasing.com/ViewJobPostings.aspx

Data Sales
http://www.datasales.com/open_jobs.html

De Lage Landen Financial
https://tbe.taleo.net/NA4/ats/careers/jobSearch.jsp?org=DELAGELANDEN&cws=1

Direct Capital
http://tbe.taleo.net/NA2/ats/careers/jobSearch.jsp?org=DIRECTCAPITAL&cws=1

Farm Credit
http://www.farmcreditnetwork.com/careers/opportunities

Financial Pacific
http://www.finpac.com/careers.aspx

Fifth-Third Bank
https://cvg53.cvgs.net/Main/careerportal/JobAgent.cfm

GE Capital
www.ge.com/careers

GreatAmerica Leasing
http://jobs.greatamerica.com/

Hillcrest Bank
https://www.hillcrestbank.com/Careers.aspx

Home Savings Bank
http://www.home-savings-bank.com/careers.php

Huntington Bank
https://www.huntington.com/us/HNB3400.htm

Key Bank
Click here

Marlin Business Services
Key (not available at this time)
https://www.marlinleasing.com/Careers/joblisting.html?location=all

Madi$on Capital
http://www.madisoncapital.com/employment.php?expandable=3&subexpandable=5

Meridian Bank
https://www.meridianbank.com/careers.html

Microfinancial/Timepayment
http://www.hirebridge.com/jobseeker2/Searchjobresults.asp?cid=5224

Northern California Farm Credit (office listings)
http://www.norcalfc.com/locations.html

People's United Bank
https://www3.ultirecruit.com/PEO1003/JobBoard/ListJobs.aspx

PL Capital
http://www.plcapital.com/careers.asp

Prime Alliance Bank
http://www.primealliancebank.com/home/careers

Regions Bank
https://regions.taleo.net/careersection/2/jobsearch.ftl

Republic Financial
http://tbe.taleo.net/NA8/ats/careers/jobSearch.jsp?org=REPUBLICFINANCIAL&cws=1

Sterling Bank
https://www.synovus.apply2jobs.com/ProfExt/index.cfm?fuseaction=m
External.showSearchInterface

Taycor Financial
http://www.taycor.com/about-taycor-financial/careers/

TCF Bank
https://tcfbank.taleo.net/careersection/corporate/jobsearch.ftl?lang=en

TD Bank
https://tderec.ijob.com/recruit/servlet/com.lawson.ijob.util.Login

US Bank 
(type position in blank space and/or state)
http://www.usbank.com/cgi_w/cfm/careers/careers.cfm

Wells Fargo
https://employment.wellsfargo.com/psp/PSEA/APPLICANT_NW/HRMS/c/HRS_HRAM.HRS_CE.GBL

Zions Bank
https://zionsbancorp.taleo.net/careersection/zfnbexternal/jobsearch.ftl?lang=en

Leasing News invites other employers to list their "open positions." The listing is free.

 

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

 

News Briefs----

 

Refi your mortgage if you can: Rates dive
http://www.bankrate.com/finance/news/refi-mortgage-rates-dive.aspx?ic_id=Top_Stories_link_1

The Steelcase Finance Team: a Moveable Feast
http://www3.cfo.com/article/2012/9/workplace-issues_steelcase-open-space-collaborate-collaborative-dave-sylvester

What the SBA's Future Holds: Romney vs. Obama
http://www.entrepreneur.com/article/224499

Microsoft, GE uniting to create better health-care data systems
http://seattletimes.com/html/businesstechnology/2019270995_microsoftcaradigmxml.html

 

[headlines]
--------------------------------------------------------------

You May Have Missed---

Google Unveils Underwater Street View for Maps
http://www.pcmag.com/article2/0,2817,2410191,00.asp

[headlines]
--------------------------------------------------------------

SparkPeople--Live Healthier and Longer

SparkPeople--Live Healthier and Longer

Take a Vacation from the Blues
http://www.sparkpeople.com/resource/wellness_articles.asp?id=794

[headlines]
--------------------------------------------------------------

 

Sports Briefs----

Ravens hang on to continue dominance of Browns
http://www.usatoday.com/sports/nfl/story/2012/09/27/ravens-hang-on-to-continue-dominance-of-browns/57849834/1

Cheers as NFL refs return: 'It's good to be back'
http://www.sfgate.com/sports/article/Cheers-as-NFL-refs-return-It-s-good-to-be-back-3897840.php

 

[headlines]
--------------------------------------------------------------

 

Baseball Poem

John W. Knight

The game was tied in the bottom of nine
A runner on third and two out
In the dead still air a mosquito's whine
Was all you could hear, then a shout

"Do something Ben, murder the ball,
For crying out loud get a hit."
Ben strode to the plate to answer the call
The now restless fans knew this was it

He dug in his right foot then positioned his left
And tapped the plate twice with his bat
Then he pulled it back slowly as to measure its heft
And tensed his whole frame like a cat

The pitcher glared in, the Ump hunkered down
Then the ball on its way like a shot
Ben pulled the trigger, his body unwound
And the ball hit the bat with a "Thock"

This is the sum that the game's all about
This instant is not just a dream
The split second physics, a hit or an out?
Each player and fan poised to scream

[headlines]
--------------------------------------------------------------

California Nuts Briefs---

 

 

[headlines]
--------------------------------------------------------------

“Gimme that Wine”

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

 

 

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

      1542- California is discovered by Portuguese navigator Juan Rodriguez Cabrillo who reached San Diego Bay. Cabrillo died at San Miguel Island, CA, Jan 3,1543. His birth date is unknown. The Cabrillo National Monument marks his landfall and Cabrillo Day is still observed in California (in some areas on the Saturday nearest Sept 28). Cabrillo left Navidad, Mexico on June 27, and landed at what is now known as Ballast Point, San Diego, CA. He continued his explorations and discovered Santa Catalina Island, San Pedro Bay, the Santa Barbara Channel, San Francisco Bay, and other West Coast landmarks. Other Europeans had encountered the Pacific Ocean previously, including Gasco Nunez de Balboa, who had laid eyes on the Pacific in 1513, and Ferdinand Magellan, who had sailed across the Pacific in 152-21 during the first circumnavigation of the world.
( lower part of: http://memory.loc.gov/ammem/today/sep28.html )
    1781 - American forces in the Revolutionary War, backed by a French fleet, began their siege of Yorktown Heights, Va.
    1836-- the first of 3 early snows for the year hit the northeast, Hamilton NY had 4 inches, Asby, MA had 2 inches.
    1850-Brigham Young, Mormon leader, was named first governor of the territory of Utah by Pres. Fillmore.
    1856-Kate Douglas Wiggin born at Philadelphia, PA. She helped organize the first free kindergarten on the West Coast in 1878 at San Francisco and in 1880 she and her sister established the California Kindergarten Training School. After moving back to the east coast she devoted herself to writing, producing a number of children's books including The Birds' Christmas Carol, Polly Oliver's Problem and Rebecca of Sunnybrook Farm. She died at Harrow, England, Aug 24, 1923.
    1886-The Statue of Liberty was dedicated in New York Harbor and women were barred from the ceremony because it would be too crowded and rough for the ladies, but a group of women chartered a boat and circled the island singing and shouting women's rights messages.
    1867-- Toronto becomes the capital of Ontario
http://www.lonelyplanet.com/destinations/north_america/toronto/history.htm
http://www.city.toronto.on.ca/archives/index.htm#more
http://www.blackhole.on.ca/index_history.html
    1895- At a convention in Atlanta, three Baptist groups merged to form the National Baptist Convention. It is today the largest African-American denomination in America and the world.
    1901- Birthday of Ed Sullivan, well-known columnist, lived in Port Chester, New York, and in his day was the “King of TV Variety,” born at New York, NY. Sullivan started his media career in 1932 as a sportswriter for the Daily News in New York. His popular variety show, “The Ed Sullivan Show” (“Toast of the Town”), ran from 1948 until 1971. It included such sensational first time public appearances from such stars as Elvis Presley and the Beatles. He died at New York, NY, Oct 13,1974.
    1912-W.C.Handy's “Memphis Blues” is published, changing the course of American popular music.
http://memory.loc.gov/ammem/today/sep28.html
    1918- MILLER, OSCAR F. Medal of Honor
Rank and organization: Major, U.S. Army, 361st Infantry, 91st Division. Place and date: Near Gesnes, France, 28 September 1918. Entered service at: Los Angeles, Calif. Birth: Franklin County, Ark. G.O. No.: 16, W.D. 1919. Citation: After 2 days of intense physical and mental strain, during which Maj. Miller had led his battalion in the front line of the advance through the forest of Argonne, the enemy was met in a prepared position south of Gesnes. Though almost exhausted, he energetically reorganized his battalion and ordered an attack. Upon reaching open ground the advancing line began to waver in the face of machinegun fire from the front and flanks and direct artillery fire. Personally leading his command group forward between his front-line companies, Maj. Miller inspired his men by his personal courage, and they again pressed on toward the hostile position. As this officer led the renewed attack he was shot in the right leg, but he nevertheless staggered forward at the head of his command. Soon afterwards he was again shot in the right arm, but he continued the charge, personally cheering his troops on through the heavy machinegun fire. Just before the objective was reached he received a wound in the abdomen, which forced him to the ground, but he continued to urge his men on, telling them to push on to the next ridge and leave him where he lay. He died from his wounds a few days later.
    1918-SCHAFFNER, DWITE H. Medal of Honor
Rank and organization: First Lieutenant, U.S. Army, 306th Infantry, 77th Division. Place and date: Near St. Hubert's Pavillion, Boureuilles, France, 28 September 1918. Entered service at: Falls Creek, Pa. Birth: Arroya, Pa. G.O. No.: 15, W.D., 1923. Citation: He led his men in an attack on St. Hubert's Pavillion through terrific enemy machinegun, rifle, and artillery fire and drove the enemy from a strongly held entrenched position after hand-to-hand fighting. His bravery and contempt for danger inspired his men, enabling them to hold fast in the face of 3 determined enemy counterattacks. His company's position being exposed to enemy fire from both flanks, he made 3 efforts to locate an enemy machinegun which had caused heavy casualties. On his third reconnaissance he discovered the gun position and personally silenced the gun, killing or wounding the crew. The third counterattack made by the enemy was initiated by the appearance of a small detachment in advance of the enemy attacking wave. When almost within reach of the American front line the enemy appeared behind them, attacking vigorously with pistols, rifles, and hand grenades, causing heavy casualties in the American platoon. 1st Lt. Schaffner mounted the parapet of the trench and used his pistol and grenades killing a number of enemy soldiers, finally reaching the enemy officer leading the attacking forces, a captain, shooting and mortally wounding the latter with his pistol, and dragging the captured officer back to the company's trench, securing from him valuable information as to the enemy's strength and position. The information enabled 1st Lt. Schaffner to maintain for S hours the advanced position of his company despite the fact that it was surrounded on 3 sides by strong enemy forces. The undaunted bravery, gallant soldierly conduct, and leadership displayed by 1st Lt. Schaffner undoubtedly saved the survivors of the company from death or capture.
    1918--STOWERS, FREDDIE Medal of Honor
Corporal Stowers, a native of Anderson County, South Carolina, distinguished himself by exceptional heroism on 28 September 1918, while serving as a squad leader in Company C, 371st Infantry Regiment, 93rd Infantry Division. His company was the lead company during the attack on Hill 188, Champagne Marne Sector, France, during World War I. A few minutes after the attack began, the enemy ceased firing and began climbing up onto the parapets of the trenches, holding up their arms as if wishing to surrender. The enemy's actions caused the American forces to cease fire and to come out into the open. As the company started forward and when within about 100 meters of the trench line, the enemy jumped back into their trenches and greeted Corporal Stowers' company with interlocking bands of machine gun fire and mortar fire causing well over fifty percent casualties. Faced with incredible enemy resistance, Corporal Stowers took charge, setting such a courageous example of personal bravery and leadership that he inspired his men to follow him in the attack. With extraordinary heroism and complete disregard of personal danger under devastating fire, he crawled forward leading his squad toward an enemy machine gun nest, which was causing heavy casualties to his company. After fierce fighting, the machine gun position was destroyed and the enemy soldiers were killed. Displaying great courage and intrepidity, Corporal Stowers continued to press the attack against a determined enemy. While crawling forward and urging his men to continue the attack on a second trench line, he was gravely wounded by machine gun fire. Although, Corporal Stowers was mortally wounded, he pressed forward, urging on the members of his squad, until he died. Inspired by the heroism and display of bravery of Corporal Stowers, his company continued the attack against incredible odds, contributing to the capture of Hill 188 and causing heavy enemy casualties. Corporal Stowers' conspicuous gallantry, extraordinary heroism and supreme devotion to his men were well above and beyond the call of duty, follow the finest traditions of military service and reflect the utmost credit on him and the United States Army.
    1920- Eight members of the 1919 Chicago White Sox were indicted by a grand jury in Chicago on charges that they conspired to fix the 1919 World Series and allowed the Cincinnati Reds to win. White Sox owner Charles Comisky immediately suspended the eight. They were acquitted, but were nevertheless banned from baseball for life.
    1928-~ Glen Gray's orchestra recorded Under a Blanket of Blue, with Kenny Sargeant on vocals.
    1930 -- Lou Gehrig's errorless streak ends at 885 consecutive baseball games. The winning pitcher is Babe Ruth, beating the Red Sox 9-3.
    1934-Birthday of French sex symbol Brigitte Bardot ( born Camille Javal), Paris, France.
http://www.triviatribute.com/brigittebardot.html
http://www.jon-aristides.com/brigitte.html
http://www.silverscreensirens.com/brigitte.htm
    1935- Pianist/singer Jerry Lee Lewis Birthday
http://www.jerryleelewis.com/
    1937—President Franklin D. Roosevelt dedicates Bonneville Dam on Columbia River (Oregon.)
http://www.ohwy.com/or/b/bonnedam.htm
http://www.cqs.washington.edu/crisp/hydro/bon.html
    1938 –Birthday of Ben E. King (Benjamin Earl Nelson), Singer, songwriter
    1939 - America's most noted woman pilot Jacqueline Cochran wrote Eleanor Roosevelt to suggest women pilots could release American men pilots for combat duty in the war that was certainly coming. It would take until July 2, 1941 for a meeting to be scheduled between JC and ER. ER then asked President Franklin Roosevelt to join the discussion. The president agreed to Cochran's plan but politics would hold up implementation of the WASP program for another year.
    1941-Ted Williams of the Boston Red Sox, starting the day with a batting average of .3995, went six-for-eight in a doubleheader against the Philadelphia Athletics to finish the season with a batting average of .406. Williams rejected manager Joe Croni's suggestion to sit out the day and have his average rounded up to .400. He went four-for-five in the first game to raise his average to .4040 and got two hits in three at-bats in the nightcap.
    1942--BAUER, HAROLD WILLIAM Medal of Honor
Rank and organization: Lieutenant Colonel, U.S. Marine Corps. Born: 20 November 1908. Woodruff, Kans. Appointed from: Nebraska. Citation: For extraordinary heroism and conspicuous courage as Squadron Commander of Marine Fighting Squadron 212 in the South Pacific Area during the period 10 May to 14 November 1942. Volunteering to pilot a fighter plane in defense of our positions on Guadalcanal, Lt. Col. Bauer participated in 2 air battles against enemy bombers and fighters outnumbering our force more than 2 to 1, boldly engaged the enemy and destroyed 1 Japanese bomber in the engagement of 28 September and shot down 4 enemy fighter planes in flames on 3 October, leaving a fifth smoking badly. After successfully leading 26 planes on an over-water ferry flight of more than 600 miles on 16 October, Lt. Col. Bauer, while circling to land, sighted a squadron of enemy planes attacking the U.S.S. McFarland. Undaunted by the formidable opposition and with valor above and beyond the call of duty, he engaged the entire squadron and, although alone and his fuel supply nearly exhausted, fought his plane so brilliantly that 4 of the Japanese planes were destroyed before he was forced down by lack of fuel. His intrepid fighting spirit and distinctive ability as a leader and an airman, exemplified in his splendid record of combat achievement, were vital factors in the successful operations in the South Pacific Area.
    1944--ROEDER, ROBERT E. Medal of Honor
Rank and organization: Captain, U.S. Army, Company G, 350th Infantry, 88th Infantry Division. Place and date: Mt. Battaglia, Italy, 27-28 September 1944. Entered service at: Summit Station, Pa. Birth: Summit Station, Pa. G.O. No.: 31, 17 April 1945. Citation: for conspicuous gallantry and intrepidity at risk of life above and beyond the call of duty. Capt. Roeder commanded his company in defense of the strategic Mount Battaglia. Shortly after the company had occupied the hill, the Germans launched the first of a series of determined counterattacks to regain this dominating height. Completely exposed to ceaseless enemy artillery and small-arms fire, Capt. Roeder constantly circulated among his men, encouraging them and directing their defense against the persistent enemy. During the sixth counterattack, the enemy, by using flamethrowers and taking advantage of the fog, succeeded in overrunning the position Capt. Roeder led his men in a fierce battle at close quarters, to repulse the attack with heavy losses to the Germans. The following morning, while the company was engaged in repulsing an enemy counterattack in force, Capt. Roeder was seriously wounded and rendered unconscious by shell fragments. He was carried to the company command post, where he regained consciousness. Refusing medical treatment, he insisted on rejoining his men although in a weakened condition, Capt. Roeder dragged himself to the door of the command post and, picking up a rifle, braced himself in a sitting position. He began firing his weapon, shouted words of encouragement, and issued orders to his men. He personally killed 2 Germans before he himself was killed instantly by an exploding shell. Through Capt. Roeder's able and intrepid leadership his men held Mount Battaglia against the aggressive and fanatical enemy attempts to retake this important and strategic height. His valorous performance is exemplary of the fighting spirit of the U.S. Army.
    1945- Robert Todd Duncan, a baritone of Washington, DC, became the first opera singer who was African-American to sign a white role with a white cast, appearing as Tonio in I Pagliacci, and then as Escamillo in Carmen on September 30 in the New York City Opera Company's presentation at the City Center of Music and Drama, New York City.
    1954---Top Hits
Sh-Boom - The Crew Cuts
Hey There - Rosemary Clooney
Shake, Rattle and Roll - Bill Haley & His Comets
I Don't Hurt Anymore - Hank Snow
    1958-"To Know Him Is To Love him" by the Teddy Bears, composed and arranged by 18 year old Phil Spector is released on Dore Records. The title is taken from the inscription on Spector's father's tombstone. The song makes it up to Number One by the end of the year.
    1958--.With 7 hits in his last 11 at-bats, Red Sox outfielder Ted Williams wins his sixth and final batting becoming the first 40-year old to lead the league in hitting. The 'Splendid Splinter's' .328 batting average beats out his teammate Pete Runnels, who goes 0-for-4 today and ends up with .322.
    1961- “Hazel” premiered on TV, based on a comic strip of the same name about a maid working for the Baxter family who gets into everyone's business. Hazel was played by Shirley Booth, and the Baxters were played by Don DeFore, Whitney Blake and Bobby Buntrock. “Hazel” moved from NBC to CBS after the third season and Hazel switched families from George to younger brother, Steve Baxter. These Baxters were played by Ray Fulmer, Lynn Borden and Julia Benjamin. Buntrock and Booth remained. This very successful series also featured MaIa Powers and Ann Jillian.
    1961 - On NBC, Richard Chamberlain sang the top-10 hit song "Theme from Dr. Kildare (Three Stars Will Shine Tonight)", and played the part of the handsome, young doctor on NBC. Raymond Massey co-starred in the medi-drama. A year into the show's run, Chamberlain's "Theme from Dr. Kildare" became a hit. On MGM, he also sang "Love Me Tender" and "All I Have to Do is Dream" in 1962 and 1963.
    1962- US Circuit Court of Appeals orders James Meredith admitted to U of Mississippi.
http://www.olemiss.edu/depts/english/ms-writers/dir/meredith_james/
    1962---Top Hits
Sheila - Tommy Roe
Ramblin' Rose - Nat King Cole
Green Onions - Booker T. & The MG's
Devil Woman - Marty Robbins
    1963-The legendary New York disc jockey Murray The K receives a copy of The Beatles' "She Loves You" and plays it on the radio. It is believed to be the first Beatles song ever played in the U.S,
    1963-The Beach Boys' "Little Deuce Coupe" peaks at #15 on the singles chart.
    1968-The Beatles' "Hey Jude" hits #1 on the singles chart, a position it will hold for 9 weeks. At 7 minutes 11 seconds, it was the longest song ever to hit the Billboard Hot 100 chart, an honor it held until Richard Harris' "MacArthur Park" in 1972 clocked in at 7:20.
    1970---Top Hits
Ain't No Mountain High Enough - Diana Ross
Lookin' Out My Back Door/Long as I Can See the Light - Creedence Clearwater Revival
Julie, Do Ya Love Me - Bobby Sherman
There Must Be More to Love Than This - Jerry Lee Lewis
    1970-Eric Burdon and War are awarded a Gold record for "Spill the Wine".
    1973- The Rolling Stones appear on the premiere of Don Kirshner's Rock Concert on ABC, performing "It's Only Rock N' Roll (But I Like It)," marking their first appearance on US television in six years.
    1974- "Rock Me Gently" by Andy Kim topped the charts and stayed there for a week.
    1974 - Bad Company's self-titled LP hits #1
    1976 - World heavyweight boxing champion Muhammad Ali won a unanimous 15-round decision over Ken Norton at Madison Square Gardens in New York City.
    1982-Poisoning of store merchandise, the first of its kind to have resulted in numerous deaths, took place in and around Chicago, Il,. In a three-day period form September 29 to October 1,1982, several people died after taking Tylenol, a brand of acetaminophen, which they had bought at local drugstores and supermarkets. A murder who was never apprehended had removed the bottles from store shelves, opened them, added cyanide to the capsules of Tylenol, and replaced them in the stores. The poisonings led to the introduction of wraps and seals on all pharmaceutical products and many other products as well.
    1978---Top Hits
Boogie Oogie Oogie - A Taste of Honey
Kiss You All Over - Exile
Hopelessly Devoted to You - Olivia Newton-John
I've Always Been Crazy - Waylon Jennings
    1985-Phil Collins' "Don't Lose My Number" peaks at #4 on the singles chart.
    1986---Top Hits
Stuck with You - Huey Lewis & The News
Friends and Lovers - Gloria Loring & Carl Anderson
Walk This Way - Run-D.M.C.
In Love - Ronnie Milsap
    1988-The first American women to ascent Mount Everest was Stacy Allison of the Northwest American Everest Expedition. Peggy Luce, was who part of the same expedition, completed her ascent two days later. Both used the South Col route.
    1989-Jimmy Buffett publishes a book of short stories entitled, "Tales From Margaritaville."
    1989 - Thunderstorms over northeastern Florida drenched Jacksonville with 4.28 inches of rain between midnight and 6 AM EDT. Unseasonably cool weather prevailed in the northeastern U.S. Five cities reported record low temperatures for the date, including Binghamton NY with a reading of 30 degrees. Morning lows were in the 20s in northern New England. Unseasonably mild weather prevailed in the northwestern U.S., with afternoon highs in the upper 70s and 80s. In Oregon, Astoria reported a record high of 83 degrees
    1991-R.E.M.'s "Shiny Happy People" peaks at #10 on the singles chart.
    1991-Dire Straits' "On Every Street" enters the LP chart.
    1991- "Good Vibrations" by Marky Mark & the Funky Bunch topped the charts and stayed there for 2 weeks.
    1991-Garth Brooks becomes the first Country artist to enter the Billboard Hot 200 album chart at number one. His "Ropin' the Wind", a collection of Pop and Country tunes, had advance orders of over 4 million copies.
    2001--- In the first home game at Wrigley since the terrorist attacks on America, Sammy Sosa, after hitting his 59th home run of the season, pulls out a small American flag and waves it as he circles the bases. After scoring and making a curtain call from the dugout, the Cub slugger continues to wave Old Glory.
    2001 ---On a night he hits his 68th round tripper of the season in quest of Mark McGwire's single season home run record, Barry Bonds is walked for the 163rd time breaking 'Big Mac's' 1998 National League record for bases on balls. The major league record is 170 walks held by Babe Ruth.
    2003 ---Ron Santo, the team's radio color commentator joins Hall of Famers Ernie Banks and Billy Williams becoming third player to have his number retired by the Cubs. The former third baseman, who spent 14 of his 15-year career with the Chicago (1960-73), will have his uniform #10 below Ernie Banks' on the left-field foul pole.
    2004 - A Beverly Hills tribute concert in honor of Ray Charles, featuring Stevie Wonder, Michael McDonald, James Ingram, and Patti Austin, raises $15 million for Atlanta's African-American institution, Morehouse College.