| Lawsuit for Website for Disabled Revived by Ninth Circuit - What's Next? |
|
| Electronic Signature: What Happens When the Signer Disavows Signing It or Claims He/She Did Not Read It?
|
|
| Stupid Law Firm. Greedy, Unhelpful Bank…Guess Who Won? |
|
A Fourth Instance Out of State Lender Fined Auto/Truck Pre-Qualifying Lead Sources is Illegal
|
|
Lying to DBO about Prior ISO Relationships Can Cause Your DBO License to be Denied
|
|
| Multiple Violations, License Expired, But Continues Anyway, DBO Fines $230,000 |
|
| Stealing Deposit from Alabama Borrower |
|
| Monitor 100 Lessor in Indiana Nailed for Making Loans Without a California Lender’s License |
|
| When is a Company a Broker or Just a Referral Source? |
|
| Prequalification Referral Program Held to Require a California License, Pays $50,000 Fine |
|
| California Tags Lender for Paying Commissions to Unlicensed Brokers |
|
| Bank of the West Escapes Bankruptcy Trustee's Contest of its Fixture Filing
|
|
| Equipment Lessor Wins Battle to Determine its Trac Lease was a True Lease in Bankruptcy |
|
| Part II - Texas Bankruptcy Court Grants Worthless Non-Dischargeable Judgment for Equipment Lessor
|
|
| Balboa Capital on the Right End of Broker’s Reps and Warranties |
|
| Mailing Error Cost Marlin Leasing $8,500 - Plus Costs Losing Ability to Enforce Judgment on Default
|
|
| Post-Petition Advances on Equipment Lease Requested by Debtor-Guarantor Are Non-Dischargeable in Bankruptcy
|
|
Mailing Error Cost Marlin Leasing $8,500 - Plus Costs
Losing Ability to Enforce Judgment on Default |
|
| MCA Made to Desperate Borrowers Experiencing Severe Financial Distress |
|
Onset Finance Gets a Pass in Utah Federal Court on California Based Usury Claim of Choice of Law - Provision Contained in Lease
|
|
| Federal Reserve Issues Annual Payment Study |
|
Can Lease Assumption in a Chapter 7 Override The Necessity of a Reaffirmation Agreement
|
|
Georgia Lease of Air Conditioning Unit Not Entitled to Administrative Claim After Assumption
|
|
Ninth Circuit Tags Payday Lender for $1.27 Billion for Confusing “Truth in Lending” Notice
|
|
Ten Ways to Reduce Attorney Fees for Outside Counsel
|
|
Leasing Ultrahazardous Equipment
|
|
Mazuma Capital Goes on the Defensive for Its Violation of New York’s Evergreen Clause Law
|
|
Merchant Cash Advance Deemed Not to be a Loan— But Denies Summary Judgement Whether MCA ACH Debits Are a Preference in Bankruptcy
|
|
Balboa Capital Gets Slammed for Lessee’s Attorney Fees for $429,000 as a Result of Lying to Lessee
|
|
| Financing Equipment Bundled with Software and Services Held Not to Create a True Lease in Bankruptcy
|
|
Suntrust Bank Denied Deficiency as Failed to Sell Collateral in Commercially Reasonable Sale
|
|
Leasing News Exclusive: Is the Disclosure Too Complicated? State Senator Steven Glazer Position on CA SB 1235 (Part 3 of 3)
|
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Leasing News Exclusive: The Opposition and How Senator Steven Glazer Got SB 1235 Passed (Part 2 of 3)
|
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Leasing News Exclusive: State Senator Steven Glazer and the genesis of CA SB 1235 (Part 1 of 3)
|
|
| Varilease Loses Bid to Declare a Lease a True Lease |
|
| Bankruptcy Court Strikes Down Penalty Interest As Unconscionable Penatyl |
|
| Kansas Court of Appeals Upholds Successor Liability Doctrine for Wells Fargo |
|
| Yellow Iron Lessor Uses Waiver of Statute of Limitations in Lease to Recover |
|
| Louisiana Court Gives Bank of the West a Hobson's Choice in Lease Remedies: Past Due Rent or Liquidated Damages |
|
| Lease Blind Discounts
|
|
| Senator Glazer’s SB 1235 Moves Forward with Minor Changes |
|
| California Supreme Court Allows Trial Courts to Determine Unconscionability of Consumer Interest Rates Even When Rate is Lawful |
|
Balboa Capital Gets Sued Quarterly Interim Rent
in California Class Action Lawsuit |
|
Jury Disbelieves Testimony of Balboa’s Employees
Slams Lessor on Million Dollar Action
|
|
| Delaware Appeals Court Affirms Judgment in Amur Finance Case |
|
California Supreme Court to Hear Oral Arguments
Interest Rate May be Unconscionably High
|
|
| CFPB Dares States to Regulate Financial Services: California Obliges as SB 1235 Moves Forward |
|
Pennsylvania Affirms Bank's Right to Shorten Statute
of Limitations for Forged Endorsements to 30 Days
|
|
Winthrop Resources Goes to Evergreen Clause
But History Catches Up to Them and They Settle |
|
California Interest Rate Bill for Commercial Loans/
Stripped, But Still Requires APR Disclosure |
|
| Victims of American Disabilities Act Law Firm Mill Go on the Offensive |
|
| California Department of Business Oversight Tags Advance America for Improperly Charging Excess Interest
|
|
| Bank Secrecy Act Held Constitutional |
|
| Usury and the California Financing Law: Knowing the Exemptions and Avoiding the Traps
|
|
| Payday Lender Dinged for Charting Interest in Excess of Rate Cap |
|
| Unwillingness to Assess a Borrowers Ability to Repay Loans Lands Lender in Trouble in California
|
|
| California Seeks to Regulate Small Dollar Consumer Loans – Follow-up
|
|
| States Take on High Interest Loans After CFPB Refuses to Do So and Achieves Win
|
|
California Seeks to Require Interest Rate Disclosure
in Commercial Loans, MCA, Capital Leasing
|
|
| California Court of Appeals Reinstates Suit Against Tribal Lenders - Denies California Lender’s Licens |
|
New York Court Rules that Merchant Cash Advance Is Not a Loan
|
|
| Preference Primer |
|
Consumer Financial Protection Bureau Not Going After the Bad Guys
|
|
California Federal Court Approves Northern Leasing Class Action Settlement for $5 Million Plus $1.6 Million in Attorney Fees
|
|
Can You Run Credit Reports on Job Applicants
The Answer is Yes, Except in Certain States |
|
Northern Leasing Response to Tom McCurnin's "Finally! New York Attorney General’s Office Goes After Northern Leasing"
|
|
| Court Holds Debt Settlement and Bankruptcy Consultants Liable for Unauthorized Practice of Law
|
|
Tennessee Supreme Court Reverses Court of Appeal on
Standard of Commercially Reasonable Sale
|
|
Hell or High Water Clause Sunk in West Virginia
|
|
Finally! New York Attorney General’s Office Goes After Northern Leasing
|
|
Marlin Wins Court of Appeal Reversal in Trial Court Which
Denied "Full Fair and Credit" to Default Judgement on Lease
|
|
Brokers & Lenders: Are You Registered to Conduct Business
(doesn’t concern “license”) in you Key States? |
|
| CFPB Goes After More Tribal Lenders for Cash Advances Among White House Controversy |
|
| California Court of Appeals Rules in Favor of Cross State Levies |
|
Bank of America Tagged for $45 Million in Wrongful Foreclosure Case
|
|
| 10% Buyout on Truck Lease Ruled a Security Agreement Not a True Lease |
|
| IRS Requires Banks to Collect Tax Identification Numbers from Non-Resident Aliens
|
|
Balboa Capital and Shopko Settle Their Much Litigated
$1 Million Dollar Plus perhaps $300,000 Attorney Fee Case
|
|
FinCEN Issues Warnings on Venezuela Corruption and Bank Transactions
|
|
CFPB Goes After PayDay Lenders
|
|
| Ascentium Capital Class Action Suit Settled? |
|
Amur Finance Company Sued
on Warehouse Loan Agreement
|
|
Leasing Broker in Massachusetts Pleads Guilty
Sentence to be no greater than 20 Years in Prison
|
|
Operation “Choke Point” Curtailed
Marijuana Business May Now Be Considered “Bankable” |
|
JP Morgan Chase Gets Tagged for FCRA for Denial of
Applications for Checking Accounts |
|
Shopko-Balboa Capital Summary Judgement Denied
$1 Million Case plus perhaps $250,000+ Attorney Fees |
|
| Release of Usury Claims Held to be Ineffective in California
|
|
Lease Finance Group Loses on
Hell or High Water Clause |
|
Northern Leasing Tagged for $200,000 for Fraudulent
Inducement and Fair Credit Claims
|
|
| Direct TV Lands in Dispute Over Arbitration Clause |
|
Violating California Lender’s License Law?
This May Prevent You from Being Licensed in the Future
|
|
CFPB Goes on Warpath Against
Four California Tribal Lenders |
|
New Developments in Ascentium Action:
Texas Judge Expresses Doubt on Class Action Allegations; State Court Complaints are Filed and Balboa Capital Joined as Defendant
|
|
California Amends SB 297 – The Finder License Bill
Set for Hearing May 1 Appropriation Committee
|
|
“True Lease” or “Equipment Finance Agreement”
Equipment Leases and Administrative Claims
|
|
Lyon Financial’s Lease Assignment Gets
Re-Litigated to a $570,000 Loss Without Fees |
|
| Univest piles it on Ascentium
|
|
Shopko vs. Balboa Quarterly Interim Case Continues-
One Side Never Caught the Mistake or Was it? |
|
Believe It or Not, California SB297, Finder Exception
To Licensing, Moves Forward |
|
| Ninth Circuit Slams Merchant Cash Advance
Companies in Rico Class Action
|
|
| 'Hell or High Water' Clauses in Review |
|
| Ascentim Capital Sued in Worthless $45 Million Equipment Ponzi Scheme |
|
New Legislation Seeks to
Amend SB197 to Remove Licensing of Broker |
|
Continental Bank Sued by Broker
for Theft of Trade Secrets |
|
| Can Economic Value of Leases Be Subject to a Security Interest? |
|
Federal Courts Seek Consolidation of Districts
Including Bankruptcy Courts with District Courts |
|
| DocuSign Use in Federal Court Called into Question |
|
| FMV Lease: What if the Parties Can’t Agree on the Purchase Price? |
|
| Financial Broker Agreements: Details Matter |
|
| What Happens to Your Security Interest if Your Collateral is Sold? |
|
Loan Assignment from National Bank Upheld as Exempt from Usury
|
|
Federal Reserve Notes Shift in Payments to Credit Cards
and ACH, Away from Paying with Checks
|
|
California Supreme Court Scalps Pay Day Lenders
Using Indian Tribes as Surrogate Lenders |
|
California DBO Cracking Down on Unlicensed Companies
December Bulletin States the Charge |
|
| Law in Effect re: 1099 Statements Person’s Tax ID Number of Mailed Cop |
|
Balboa Capital Forced to Disclose List
of Disgruntled Customers |
|
| California Expands Exemption for Lender’s License |
|
| New York Proposes New Cyber Security Rules for Financial Institutions- "A disaster for small banks with branch offices in New York"
|
|
| Balboa Capital Gets Win in Bait and Switch Purchase Option Case |
|
| CFPB Issues New Guidelines on Recurring Debits |
|
New York Court Refuses to Enforce Forum Selection
Clause Where No State is Named
|
|
Court Refuses Summary Judgment on Copier Lease
Without Corporate Resolution to Borrow |
|
Equipment Lessor Gets to Levy on Bank Accounts
Anywhere it Chooses
|
|
Third Circuit Upholds Class Acton Against Bank which
Processed Fraudulent ACH Payments |
|
| Interim Rent: Proper Accounting Function for Short Term Advances - Or Is It a Scam |
|
Siemens Tagged for Cutting Off Critical Healthcare
Supplies to Hospital in Retaliation for Breach of Lease |
|
| Unlicensed Broker Subject to Cease & Desist Order by State of California
|
|
Regions Bank Failure to Give Notice to Guarantors
Dooms Secured Creditor’s Deficiency
|
|
| Balboa Capital Tagged for Quarterly Payment Scam
|
|
FDIC Receiver for Bank Given Coverage on Banker’s
Blanket Bond for Forged Lease Schedules
|
|
| Northern Leasing Case Cleared for Class Action |
|
CFPB Proposes New Rules to Outlaw Arbitration
Agreements with Class Action Waivers for Banks
|
|
4th Circuit Refuses to Enforce Forum Selection Clause
on Pay Day Loan to Indian Tribe Jurisdiction
|
|
CFPB Proposes New Rules to Curtail “Pay Day” Lending
Is the Commercial Section Next?
|
|
California Court Refuses to Enforce Forum Selection
Clause Where Application of Other State’s Law Would
Violate Fundamental Policy of California
|
|
| Lessor in True Lease Need Not File UCC-1 Financing Statement |
|
| Texas Secured Creditor Denied Summary Judgment Where it Spent $50,000 to Tow and Refurbish a Boat Which it Sold for $16,000
|
|
Secured Transactions: Control Agreement for Bank
Account May Have Account Number Discrepancies
|
|
Filing Continuation Statement Does Not Violate
Bankruptcy Automatic Stay |
|
| Secured Lender Lose Priority When Collateral Sold by Borrower |
|
CFPB Issues New Guidelines on Recurring Debits
|
|
| Get Your Names Right on UCC-1 Financing Statements |
|
California Department of Business Oversight Confirms that Brokers Need Licenses and Lessors Can’t Pay Unlicensed Brokers
|
|
| New York Federal Law Upholds Absolute Guaranty |
|
| Less is More for UCC-1 Financing Statements |
|
Get that Corporate Resolution
|
|
North Carolina Ambushes Pay Day Lender Operating
Under Guise of Tribal Authority
|
|
Restrictive Endorsements Can Trap
The Equipment Lessor |
|
Balboa Capital Tagged for Bait and Switch
on Lease Payoff Quote
|
|
| Attention Attorneys! New Accounting Rules May Negatively Affect Lessees |
|
Are You Charging Too Much for Default Interest?
There is no Clear Rule, So Err on the Side of 4-5% |
|
Bank of West Ruling: Broad Form Attorney Fee Clauses
May Assist Lessors to Defend Bankruptcy Actions |
|
The Di Minimis Exception to the California Lender's License Does Not Protect Unlicensed Brokers
|
|
California Legislature Takes Steps to Outlaw
Evergreen Clauses for On Line Contracts
|
|
| Evergreen Clauses for On Line Contracts |
|
Nevada PUC Puts a Crimp in Solar Energy Leases
Solar Equipment Leasing Becoming Unattractive |
|
Alabama Supreme Court Case Holds Bank of First
Deposit Was Liable to Payor Bank for Encoding Errors
|
|
Lease Finance Group Tagged with Class Action
|
|
| How Hard is Applying for a California Financial Lender’s License? |
|
| Leasing to Franchises |
|
Must Employers Reimburse Employees
for Cell Phone Expenses?
|
|
Second Circuit Holds that Assignee of National Bank
Does Not Have Protection Against Usury |
|
Lessor Ordered to Refund Draw on Letter of Credit
Because Lessee was a Failed Bank |
|
ACC Capital's Residual Claim in Alabama Thrown
Out of Court for Bait and Switch
|
|
Another Credit Card Processing Lessor Loses Cases
in Forum Selection Clause Battle
|
|
Banks/Funders Pony Up Another $2.5 Million Plus
in Sheldon Player’ EAR Settlements |
|
Lender Group Snagged by Slick Transfer
of Assets of Auto Parts Company
|
|
Skip Tracers Held to be Collector for Purposes
of Fair Debt Collection Practices Act
|
|
“California Sucks for Merchant Advance”
Response to Editor Sean Murray, www.debanked.com |
|
SB 197 Three Question Clarification
Most Asked Questions on New California Law
|
|
Fifth Circuit Holds Golf Channel May Be Held Accountable
as Trade Creditor for Aiding a Ponzi Scheme
|
|
Out of State Levies Are Enforced by Banks
Whether Assets in State Where Levy Occurs |
|
New Federal Case Correctly Analyzes
Forum Selection Clause
|
|
Why Every Broker Needs to be Licensed in the State of California
|
|
| Are You Ready for NACHA’s Same Day ACH Plan? |
|
What the Equipment Lessor Can Do When
the Equipment Comes Up Missing |
|
Forum Selection Clause in Lease Struck Down
|
|
Interim Rent: Proper Accounting Function for
Short Term Advances --- Or Is It a Scam? |
|
My Opinions on Major License Changes
for Lease Financing in the State of California |
|
California Court of Appeal Clarifies Lender’s Right
to Assign Loans to Non-Licensed Lenders
|
|
| Tips for employers hiring competitor's employees |
|
| California’s SB 197 Finally Will Allow Lenders to Pay Some Unlicensed Brokers |
|
| Wells Fargo Bank Suit Against Broker Prevails |
|
Possession or Sue for Damages, Which Comes First?
Feds Allow to Seize Collateral, Then Sue for Damages |
|
Secured Creditor Not Allow to Repossess
Patient Files of Medical Provider |
|
Key Finance Escapes Lender Liability Claim
|
|
Court Rules Parties Allowed to Stipulate How
Commercially Reasonable Sale Should Take Place
|
|
Refundable Deposit for Auction
Makes it a Private Sale, Disqualifies Sale of Asset |
|
FDIC as Receiver for Bank Forged Lease
Granted Blanket Bond Coverage |
|
Market Study Defense Did Not Help Doctors'
Claim of Lessor's Alleged Fraud |
|
Iowa Court Allows Lessor to Make Successor
Liability Claim Against Lessee’s Successor |
|
Lessor Who Was Servicing Lease Held
Liable for Commingling Lease Payments
|
|
California Allows Oral Modification of Acceptance of
Equipment in Landmark Julius Castle Restaurant
|
|
Defective Copier Lease Modification, Leaves Lessor without Recourse
|
|
The Consequences of a Creditor Filing a Bad Involuntary Bankruptcy
|
|
| Case Credit Gets Thrown in the Ditch by Kentucky Court
|
|
California Law Now in Effect Broadens Exemption
But More Stringent Provisions as to Licensees
|
|
State of California Proposes to Eliminate Exemption
Enjoyed by Bank Subsidiaries for Lender Licensing
|
|
Pro-Rata Guaranties of Lease Reach Fair Decision Settlement
|
|
Leasing Companies and Individuals May Sue Internet Posting for Libel
|
|
Capital One Credit Card Agreement Allows it
to Personally Visit Borrower’s Home or Employment! |
|
| True Story, I’m in Murphys, California |
|
| Lease One Tagged for Fraud in Lease Commitment |
|
Second Circuit Sinks JP Morgan Chase $1.5 Billion
Over Mistaken Termination of UCC |
|
8th Circuit Sides with Bank on Wire Transfer
Cyber-Crime Against Escrow Company |
|
Seventh Circuit Rescues Wells Fargo Leasing
|
|
| Another Municipal Copier Lease Gets Botched by Lessor
|
|
| Brican America Court Case Preface |
|
| $8 Million in Attorney Fees Brican America Six Year Court Case
|
|
Federal Reserve Indicates Desire to Implement
International ACH Payment System
|
|
Fed Reserve Now Making Banks Lean on Accountants,
Brokers, Lessors, Law Firms to Provide Security & Cyber Plans |
|
Golf Channel Advertising Was Fraudulent Conveyance/
Ruling May Affect Banks/Lessors in EAR Case & Others |
|
Banks Win, Pay Day Class Action Suit Loses,
No Right of Receiving Bank to Refuse an ACH
|
|
Perfecting a Security Interest in Lease Contracts
When Originals Are Imaged Then Destroyed
|
|
| Escrow Company Loses to Bank on Wire Transfer Cyber-Crime |
|
Equipment Finance Lender Stung for $1 Million Dollars
For Inappropriate Collection Activities
|
|
US Banks Are Giving Guidance on Doing
Business with Marijuana Dispensaries |
|
True Leases and Agricultural Livestock Leasing
“What is the Economic Life of a Cow?”
|
|
Marlin Leasing Shutout from Suing Vendor
in New Jersey Over Fraudulent Leases |
|
How Brokers, Discounters, Lessors Can Comply
with the Patriot Act
|
|
Warren Capital Receiver and Law Firm Join The Gravy Train
|
|
Credit Bidding at Foreclosure Sales: Three Courts,
Three Decisions, Three Results
|
|
Leasing Brokers: When May You Collect a Commission?
|
|
Ninth Circuit Allows Bank to Freeze Chapter 7 Account
---But New York Court Sanctions Bank for Same Conduct |
|
Equipment Lessor and Counsel Get Sanctioned for
Violating the Automatic Stay after Lease is Rejected
|
|
Update--Balboa Files: "It was an Operating Lease"
|
|
Bank May Respond to an Out of State Levy and Turn Over Assets Not Necessarily in State Where Levy Occurred
|
|
| Must Prepayment Penalty Involve Actual Payment as Opposed to Acceleration of Obligation? |
|
Balboa Capital Improper ACH Debits
Lands Them in Oklahoma Court |
|
| “Today’s Destiny” Leasing Fraud Ends Quietly |
|
Arizona Court Lets Dishonest Koss CFO’s Fraud
Sue American Express for Conversation |
|
| Notice of Default Resolved in Favor of Lender |
|
Manufacturers Vendor Support Agreement
Takes a Wrong Turn But Ends Up in Favor of Lessor
|
|
| Can Lessors Rely on Electronic Signatures? |
|
| MBF Leasing Prevails in Litigation over Forum Selection Clause |
|
Brican Assignee Wins Battle Over Floating Forum
Selection Clause in New Jersey |
|
Balboa Capital Sued in Federal Court for Bait and Switch Sales Tactics
|
|
Leasing to Franchises
|
|
Classic Tom McCurnin on “Origin of Suretyship Defenses”
Robin Hood, The Evil Prince John, The Knights Templar,
and the Magna Carta
|
|
Lessors Chastised by District Court In E.A.R. Case For Waiting
Three Years To Contest Jurisdiction
—Case Now At Issue With Answers Filed By Lessors |
|
What is Leasing?
Legal Definitions by Leasing News Legal Editor Tom McCurnin
|
|
Captive Leasing Company Given a Big Break
by New York District Court |
|
| Handling Post Judgment Interest in a Lease |
|
What a Commercially Reasonable Sale Is
Regarding a Sale of Repossessed Equipment
|
|
New Mexico Bankruptcy Court Gives Lessor an
Administrative Claim for Lease Construction Equipment |
|
| Ollie the Golden Retriever Solves Murder Case
|
|
| Lessor Found Liable for Embezzlement in North Carolina Bankruptcy Court |
|
| Illinois Voids Loan Because Lender Was Unlicensed
|
|
Court Gives First Data Merchant Services a Pass in Class Action Suit
|
|
Sometimes Lawyers Give Themselves a Bad Name
|
|
Bank Refused Coverage on Banker’s Bond
for Sheldon Player’s Equipment Acquisition Resources |
|
Are Accurint Reports a Consumer Credit Report?
Will This Change Their Use? |
|
Case Gives New Meaning to a Businessman Getting
Screwed by the IRS
|
|
| Lawsuit Over ACH Loan Payments Ruled Illegal, Now Headed for Trial |
|
Guarantor Loses Claim re: Lessor Overpayment
to Vendor for $100,000 Kickback to Lessee |
|
| Late Fees
|
|
| Broker’s Responsibility to Obtain California Lender’s License |
|
Debtor’s Use of Proceeds from Going Out of Business Sale to Pay Owner’s Wages Was Conversion and Resulted in Judgment Against Owner
|
|
This Case May Chill Assignments
|
|
| Notes on Purchase Money Security Interests |
|
Secured Lender Loses Security Interest in Two Cranes
Which Are Sold Under its Nose |
|
Iowa Court Upholds the Use of Dragnet Clause
|
|
Fed’s Operation Choke Point Goes After Pay Day Lenders and Other “Undesirable Customers”
|
|
Lessor Busted for Use of Floating Forum Selection Clause
|
|
Michigan Court Upholds Subordination to
Hard Money Equipment Lessor |
|
Secured Creditor’s Use of Blanket Security Interest in Loan Agreement Pays Off in a Chapter 13 Claim Dispute
|
|
Court Rules that Slight Error of Debtor’s Name in UCC-1 Financing Statement Results in Creditor Having Unsecured Loan
|
|
Kentucky Court Strikes Lessor’s Guaranty
|
|
Debtor Can’t Terminate Security Interest of Lender
|
|
Court Holds that Indian Tribe May Conduct Business
as Pay Day Lender in California Without Securing Lender’s License |
|
Lessor’s Confusion Perfecting Security Interest in
Motor Vehicle Results in Lessor Being Deemed Unsecured
|
|
Court Holds that Indian Tribe May Conduct Business as Pay Day Lender in California Without Securing Lender’s License
|
|
HSMC Sanctioned for Destroying Evidence of
Recorded Phone Calls in Privacy Action
|
|
| Stress Tests for Mid-Sized Banks to be Relaxed |
|
Colonial Pacific Leasing Loses Summary Judgment
on Commercially Reasonableness of Sale of Leasing Equipment |
|
Northern Leasing Brings up $2 Million Bond re:
Ascentium New York Court of Appeals Case |
|
Northern Leasing Found to Have Diverted
Proceeds from Lease Servicing Pool |
|
Drafting Leases for Commercially Reasonable
Disposition of Collateral |
|
| Sixth Circuit Affirms GE Capital’s Deficiency on Leased Trailers with Broad Form Guaranty |
|
| Iowa Federal Court Rules Hurricane Sandy Does Not Excuse Lessee’s Obligations Under a GE Capital Copier Lease |
|
Dunning Letter on Time Barred Debt
is Actionable under FDCPA
|
|
Securitization Viable Procedure for Raising Capital
for Brokers and Other Leasing Companies |
|
Another Creditor Gets Snagged by Failing to Return
Repossessed Collateral after the filing of Bankruptcy |
|
| California Court Strikes Down Default Provision for Single Late Payment |
|
| Interim Rent: Proper Accounting Function for Short Term Advances --- Or Is It a Scam? |
|
When Can You Keep the Advance or Deposit?
|
|
New York Court Holds SLV Damage Provisions
in Lease to be Unconscionable |
|
| Usury and Choice of Law Provisions in Leases |
|
Borrower Tags Mortgage Service for Violation
of Soldiers and Sailors Relief Act |
|
| Four Oaks Bank Tagged by Regulators for Lack of Supervision Over Third Party ACH Processors |
|
Two Foreclosure Cases---
How Secured Credits Should Comply |
|
| Drafting Leases for Commercial Reasonable Disposition of Collateral |
|
| Federal Express Tagged for Illegally Terminating Equipment Lease and Matter Is Subject to Class Certification |
|
Finally HL Leasing Scandal Coming to an End
And Investors May Get Money Back! |
|
California Case Demonstrates Perils of Leasing
Restaurant Equipment to Franchisee |
|
| E.A.R. Case Takes Wrong Turn for Equipment Lessors |
|
| Counterfeit Cashier’s Checks |
|
| Involuntary Bankruptcies for Dummies |
|
| US Bank/Lyon Financial Get Tripped up by Botched Confession of Judgment and Involuntary BK Filings Against Guarantor |
|
New York Courts Adopt California Pre-Litigation
Disclosure Requirement for Trade Secret Litigation |
|
Balboa Capital Gets Tagged
For Alleged Dummy Docs |
|
To Get Even, Securities Lawyer and Wife Plant Drugs
in School Volunteer’s Car, But Face Trial Instead |
|
De Lage Landen/Element Financial Settle Dispute
--Original story by Tom McCurnin, Leasing News Legal Editor |
|
| Leasing Brokers: When May You Collect a Commission? |
|
California Federal Court throws Monkey Wrench
Into 5% Late Payment Fee Provision |
|
Repossessing Vehicles: Three Cases
---Three Different Results |
|
Texas Court Puts Road Block in Way of Servicer
Suing on Behalf of Creditor |
|
| Wells Fargo Equipment Finance Gets Derailed in Train Lease Litigation |
|
| Short Sighted Equipment Lessors Which Repossess Prior to Bankruptcy Filing But Do Not Return Vehicle Tagged for Damages |
|
| U.S. Bank Equipment Finance Awarded Tort Damages in Case Where Equipment Move to Mexico |
|
Letter of Credit’s Interpretation Limited to
Face of the Letter of Credit |
|
Another Equipment Lessor Gets Sued
for Stealing Trade Secrets |
|
DVI Fallout Continues Where Suit Against
Accountants is thrown Out |
|
| Balboa Tagged for Stealing Corporate Secrets |
|
Does Your Company Have a Policy for
B.Y.O.D. Cell Phone Use |
|
Several States Fail to Meet July 1, 2013 Deadline
for Enacting Amended UCC Article Nine |
|
California Case Provides New Remedies in Injunction
re: Fair Credit Reporting Act |
|
Scrivener’s* Error Results in $950,000 Error for Bank
(*Someone employed to make written copies of documents) |
|
Banks Scramble to Shed Servicing Duties as a
Result Basel III Accords--- Will Affect Leasing?
|
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| Caterpillar’s Junior Lien Prevails Over Senior Lien of Bank Because Senior Bank Doesn’t Obtain Security Agreement |
|
Wildwood Industries Fraud Snares Lessor and Lender
in Battle Over Assignment |
|
Marlin Leasing Has Forum Selection Clause Upheld
and Recovers its Attorney Fees |
|
Letter of Credit’s Interpretation Limited to
Face of the Letter of Credit |
|
Huntington Bank Hit with $81 Million Judgment
Check Kite Crashes into El Camino Resources |
|
| E-Discovery Catches Up with Mobile Devices |
|
States Move to Using Driver’s Licenses for the
Official Name for Secured Transactions |
|
Non-Competition Clause in Employment Contract
Invalidated by Georgia court |
|
Copier Leases Got a Little Harder in California
Cannon Business System Loses Appeal |
|
| Iowa Equipment Lessor Gets Revenge on Lessees Who Converted Video Equipment |
|
| Bank Tagged for Inaccurate Notice of Sale |
|
More Copier Woes
Coactive Capital Partners |
|
California Case Demonstrates
Perils of Leasing Franchise Restaurant Equipment |
|
| California Bankruptcy Court Throws Out Adversary Action Against Balboa Capital and Bank of America Leasing for Fraudulent Conveyance |
|
Equipment Lessor Let Off the Hook by Use
of a Condensed Statute of Limitations Clause
|
|
Photocopier Leases: Washington Court
Ignores "Integration Clause" in Lease |
|
Dodd Frank Wall Street Reform Act
And Its Effect of Leasing |
|
Broker’s Responsibility to Obtain
California Lender’s License |
|
No Jurisdiction over Non Creditors in
Fraudulent Conveyance Claims
|
|
| Iowa Court Rules that Woman May be Fired for Being Too attractive |
|
California Regulators Going After Debt Collectors
for Perceived Collection Abuses |
|
Leasing Company for P.O.S. Machines
--- Escapes Two Class Actions
|
|
New York Bankruptcy Court Allows Tort Liability
to be Alleged in 363 Sale |
|
Florida Federal Court Rules Two Year Delay in
Selling Collateral Was Not Unreasonable |
|
| Ten Percent Late Fees |
|
| Bank Which Botched Pre-Payment to Manufacturer Denied Secured Status |
|
| Taking Licenses for Software, Website names, Products, et. al. Is It Good Collateral? The Court Answers: “Yes!” |
|
| Iowa Court Rules “Agency” and “Fraud” Question of Fact While Upholding “Hell or High Water” Clause |
|
| JP Morgan Chase Lose on release of lien case |
|
Sheldon Player's Equipment Acquisition Resources
Ropes 18 Equipment Lessors in Alleged Fraud
|
|
| Collection Agency’s Robo-Phone Calls to Customers Cell Phone Snares Agency in Class Action Suit |
|
Kentucky Court Finds Secret Government Lien for Lease Displaces Junior Creditor's Perfect Lien
|
|
Court Stings Financial Pacific Leasing on Failure to
Properly Obtain “Acceptance” of the Leased Equipment |
|
| Fraudulent Wire Transfer Schemes Continue to Plague Business and Financial Institutions |
|
| Indiana Court Ruling Makes True Lease “Murky” |
|
| Secured Creditor's Election—“Over” or “Under Secured” |
|
| Wells Fargo Equip. Finance Stripped of Its Perfected Lien |
|
| Why Sue in Federal Court? |
|
| Solar Financing Company Objects to View of Industry by McCurnin |
|
| Clean Energy Lease Gets $32 Million Dirty |
|
Equipment Lessor Prevails in Buyer in an Ordinary
Course of Business Case in Inventory Dispute |
|
Funding Source Gets Burned by Inadequate Collateral
|
|
Fraudulent Wire Transfer Schemes
Continue to Plague Business and Financial Institution |
|
Creditor Prevails in State Court
Fraudulent Conveyance Action |
|
| Buyer of Construction Equipment Held Liable for Damages |
|
| ACH Is Not a Cash or a Cashier's Check |
|
| Conveyance to Family Trust Held to be Fraudulent Conveyance |
|
| Secured Creditor Back-Dates Foreclosure Sale Documents |
|
| Over Foster Caregiver to Compel Spaying Dog |
|
Lender Gets Snared by Default Interest Provision
in Poorly Draft Control Without a Lender's License |
|
| Every Asset Based Lender’s Nightmare! |
|
| How Important is the Legal Name on the UCC? |
|
| Louisiana District Court Rules that Successive UCC’s for New Loans Are Unnecessary |
|
| Banks Gets Expensive Revenge |
|
What did Tetra and Republic Bank Have in Mind?
|
|
| Green Fees Held Not Be Collateral
of Bank's Real Estate Loan |
|
| Kibosh on Common Fund Class Action Settlements |
|
| Mazuma and Republic Bank Get Snared on PRR Provision |
|
| Secured Creditor Loses to Junior Creditor Bank of the West |
|
| Speedy Repossession/Resale Cost Bank $1 Million Deficiency |
|
Lessor Gets Revenge on First Payment Default Lessee
|
|
| Lessor of POS machines Snared in Class Action Suit |
|
Lessor Prevails Against Chutzpa Defense
of Bank Approval of False Financial Statement |
|
Sheldon Player/Equipment Aquisition Resources
Typo in Lease Spawns Major Litigation |
|
Debt Collector sends Collection Letter to
Debtor’s Employment, Creates Class Action Suit |
|
| Are You Unknowingly Financing Inventory? |
|
| Lessor Escapes NY Evergreen Clause Class Action |
|
| Are Telephonic Guaranties Enforceable? |
|
| Massachusetts Court Upholds DLL’s Forum Selection Clause |
|
| Lessor Escapes NY Evergreen Clause Class Action |
|
Confusing Notices and Change of Plans
May Bar Recovery for Equipment Lessors |
|
Watch Out for Small Capital Leases
-Especially Without a License |
|
| Late Fees |
|
| Secured Creditor of Payroll Processing Firm Held Valid Lien on Bank Accounts of Payroll Processor |
|
| Forged Corporate Resolution Stings Creditor |
|
| Fallout from CMC Continues in Nevada Federal Court |
|
| Equipment Lessor Gets Stung in Assignment Trap |
|
| Equipment Lessor Saved by Exculpatory Language |
|
| The Problem with Accepting Late Payments |
|
New Jersey Bankruptcy Court Slams Lender for Usury
by Thomas E. McCurnin & Frank Peretore |
|
| Royal Links Appeal Rules Back to Trial |
|
| CMC paper and Officers Back to Litigation |
|
| Late Fees |
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