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Leasing Cases by Tom McCurnin

What I learned from 40 years in banking and leasing
Part 1: Good Business Practices Matter
Part 2: Understand Your Debtor - Embrace Settlement
Part 3: Picking an Attorney - Risk Management
Part 4: Collection of Payment Stream
Part 5: Lease Documentation: Make it Clear

Part 6: Understand the Regulations - Appoint a Compliance Officer

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)
Leasing News Exclusive: The Opposition and How Senator Steven Glazer Got SB 1235 Passed (Part 2 of 3)
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,
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?

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