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Leasing News is a web site that posts information, news, and
entertainment for the commercial alternate financing,
bank, finance and leasing industries

Thursday, January 3, 2019

Today's Leasing News Headlines

Gerald "Jerry" Parrotto
   2018 Leasing News Person of the Year
NJ  State Senate Unanimously Votes to Advance Legislation
  Requiring Small Business Lenders and Brokers
   Truth in Lending-Type Disclosures
New Hires/Promotions in the Leasing Business
   and Related Industries
Leasing Industry Ads---Help Wanted
   Now Hiring
Sales Makes it Happen by Scott Wheeler, CLFP
    My Advice for 2019
How to Build a Valuable B2B Social Media Presence
   FinTech #102 by Alex Vasilakos
Can Lease Assumption in a Chapter 7 Override
  The Necessity of a Reaffirmation Agreement
      By Tom McCurnin, Leasing News Legal Editor
The Top New Year's Resolutions for 2018
  What U.S. People are wishing for the most in 2019
Chinese Shar-Pei/Mix
   Fallston, Maryland  Adopt-a-Dog
Thank you for Your Donation to Salvation Army Kettle
   Very Much Appreciate Your Support - Kit Menkin
News Briefs---
What We Learned About RapidAdvance
   From RapidAdvance’s Planned Securitization
US Factories End 2018 on a Low Note, Amid Trade War
   20%  manufacturers report their outlook worsened this month
10 Largest Marijuana Companies
  Eight are in Canada
Reveals American are Moving West and South
   United van Lines' National Movers Study

Broker/Funder/Industry Lists | Features (wrilter's columns)
Top Ten Stories Chosen by Readers | Top Stories last six months (Be Careful of Doing Business)
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Gerald "Jerry" Parrotto
2018 Leasing News Person of the Year

Parrotto is the now-retired CEO/President at Molloy Associates. There were two small leasing news editions in 1985 when he purchased Molloy Associates from Mike Molloy, which published a four-page newsprint periodical called The Monitor. He also bought the search firm, which The Monitor used to promote leasing industry positon openings. Prior to that he was an industry veteran, reportedly with the likes of Citi and SeaFirst.

Molloy Associates was so successful in the 80s and 90s, before Monster, LinkedIn, and CareerBuilder, the growth enabled him to not only increase staff at Molloy Associates, but to expand his publications. 

In 2001, he launched ABF Journal to highlight the nascent growth in that part of commercial finance. Later he became president of the Xander Media Group. The Monitor added a five day website issue now called, reporting the latest corporate news as well as incorporating stories from the Monitor, which had now grown to a glossy 70+ page  magazine.  He had several editors and staff and continued to grow the companies and publications.

The Monitor Magazine became the leading magazine of the leasing and finance industry, as well as popular with banks and other lenders. It is read by almost everyone in the industry. His articles demonstrated his knowledge of the industry and trust with its leaders.

The impact of The Monitor on the industry in terms of salient issues, M&A, employment moves, rankings and evolving trends over almost four decades is significant by any measure. His publication not only brought the latest news but education to the entire industry.

The magazine, now issued seven times a year, is a highlight at many of the finance and leasing conferences.

Popular for reprints:

  • The Monitor 100, published every June, available for purchase in PDF in 1991 and then Excel format in 2010.
  • The Monitor Bank 50. “This 12-page report encompasses net asset size, new business activity and market share as well as other portfolio metrics, highlights and forecasts.”
  • Monitor Top Private Independents (usually published in the Annual Funding Source issue (March/April).
  • Monitor Top Vendor Leasing Companies (two page reports with top 25 most active vendor leasing companies).

In October 2018, at the age of 78, he sold The Monitor, ABF Journal and Molloy Associates to his former editor-in-chief of the Monitor, Lisa Rafter, and her partner, Kate Majewski, owners of LK Consulting Partners, LLC.

It is for his contributions to the industry in his many years of outstanding leadership and education that Gerald "Jerry" Parrotto is 2018 Leasing News Person of the Year.

Previous Persons of the Year:
2005 Paul J. Menzel, CLFP
2006 Paul A. Larkins
2007 Randall H. Brook
2008 Robert Teichman, CLFP
2009 Ralph Petta
2010 Curt Ritter
2011 John C. Deane
2012 Tony Golobic
2013 Bernie Boettigheimer, CLFP
2014 Valerie Jester
2015 Bruce Kropschot
2016 Reid Raykovich, CLFP
2017 Deborah Monosson

Chairman, Advisory Board
Bob Teichman, CLFP Teichman Financial Training, Sausalito, CA.
Advisory Board
Ben Carlile Marin County, CA
Ed Castagna InPlace Auction, Melville, NY
Steve Crane, CFLP

BSB Leasing, Englewood, CO

Endeavor Financial Services, Costa Mesa , CA

Phil Dushey Global Financial Services, Manhattan, NY
Ken Greene, Esq. Kenneth Charles Greene Law Offices, Westlake Village,Ca.
Shawn Halladay, CFLP Amembal & Halladay,  Salt Lake City, UT
Ed Kaye Access Commercial Capital, Lake Success, NY
Bruce Kropschot Kropschot Financial Services, Naples, FL
Allan Levine Madison Capital, LLC., Owings Mills, MD
Shari Lipski, CLFP

ECS Financial Services, Northbrook, IL

Bruce Lurie Douglas-Guardian Services Corporation, Houston, TX
Ralph Mango ComScore, Reston, Virginia
Tom McCurnin Barton, Klugman & Oetting, Los Angeles, CA
Don Myerson BSB Leasing, Colorado, Hawaii
Jeff Schubert RapidAdvance, Bethesda, MD
Hugh Swandel The Alta Group, Canada
Rosanne Wilson, CLFP, B.P.B. 1st Independent Leasing, Beaverton, OR

Christopher Menkin Saratoga, California

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NJ  State Senate Unanimously Votes to Advance Legislation
Requiring Small Business Lenders and Brokers
Truth in Lending-Type Disclosures

By Robert L. Hornby, Esq.
Chair, Equipment Leasing & Finance
CSG Attorneys at Law

New Jersey continues to follow California’s lead by advancing legislation mandating truth-in-lending type disclosures for small business financing. The most recent action, a 37-0 vote to amend and pass Senate Bill 2262 on December 17, 2018, demonstrates that the bill continues to progress through the legislative process. As set forth below, some of the more significant changes, which include changes from an earlier substituted bill, are that: (i) qualifying financing transactions have increased to $500,000; (ii) the disclosures for each type of transaction are (allegedly) better defined; and (iii) brokers now have a written disclosure requirement wholly independent from the financing company.

Significantly, S2262 now places a new and independent disclosure requirements on brokers involved in small business financing. Specifically, brokers must provide a written disclosure to the small business concern, as well as to the provider, stating the total dollar amount of the fees charged to the small business concern by the broker. This document must be separate from the provider’s contract and must be provided prior to the consummation of the transaction. If the broker knowingly fails to provide this disclosure, which must be adjudged by a court, both the small business concern and the provider may bring a civil action against the broker seeking up to $10,000. 

As an initial matter, S2262 now defines “Small business financing” to include any “loan, line of credit, or a factoring or asset-based transaction made for a business purpose with a principal amount of or maximum credit limit of $500,000 or less.”   A “Provider,” which the legislation is aimed at regulating, is anyone who provides small business financing to a “Small business concern,” the latter being defined by the existing act as any entity ─ including individuals, partnerships, corporations, joint ventures, associations and cooperatives ─ whose gross income from operations during its most recently fiscal year does not exceed $1,000,000.00.  Importantly, excluded from the scope of the legislation are (i) federally insured banks (ii) credit unions and (ii) commercial equipment leasing and loan financing agreements entered into pursuant to Article 9 and 2A of the New Jersey Uniform Commercial Code (note here the specific reference to New Jersey’s UCC, potentially raising the issue of this exclusion being inapplicable to equipment leasing and financing agreements where the choice of law is not New Jersey).

The amended bill also attempts to define the specific disclosures for open-ended loans, closed-ended loans and factors/asset-based lenders that must be made at the time the contract is offered.  These disclosures include, among other things, setting forth the total dollar costs to be charged to a borrower, annual percentage rate (as defined for each category), amount financed/borrowing limits, payment schedule and/or payment calculation, description of broker fees (if borrower is paying), a description of prepayment policies and fees and expenses related thereon and notice that the provider has or will require a security interest.  S2262 also requires the provider obtain a “written statement of intended purposes” from the small business concern for determining whether the financing was made for business purposes.  Further, the bill gives the Commissioner of Banking and Insurance express authority to promulgate regulations regarding the disclosures and notification requirements and to seek civil penalties of $10,000 for violations by providers.  

S2262 continues to be a work-in-progress and must still run though the legislative process in the New Jersey Assembly.  Although the Assembly may provide further opportunity for revisions and amendments, the bill appears have substantial support and is moving toward being enacted into law in 2019.

Senate Bill No. 2262  (six pages)

Chair, Equipment Leasing & Finance
Chiesa, Shahinian & Giantomasi, PC
973.530.2232 fax
Chiesa Shahinian & Giantomasi PC
One Boland Drive | West Orange, NJ 07052
11 Times Square, 31st Floor | New York, NY 10036

An experienced litigator, Robert Hornby represents national and regional banks and finance companies in all aspects of equipment leasing, asset based lending and civil litigation in New York and New Jersey State and federal courts. He regularly counsels clients on a wide range of matters unique to the equipment finance and leasing industry, from drafting master documentation to the enforcement of lessors’ and secured creditors’ rights.

He received his law degree cum laude from Seton Hall University School of Law, and his undergraduate degree cum laude from the University of Arizona. He served as a Judicial Law Clerk for the Honorable David S. Baime, PJAD (ret.) in the New Jersey Appellate Division.



New Hires/Promotions in the Leasing Business
and Related Industries


Michael R. Bogansky, CPA, was hired as Senior Vice President and Chief Financial Officer, effective Feb. 1, 2019, at Marlin Business Services, Mount Laurel, New Jersey. Previously, he was at PHH Corporation, starting June, 2010 as Vice President, Assistant Controller; promoted June, 2012, Vice President, Controller; promoted April, 2014, Senior Vice President, Controller; promoted Chief Financial Officer, March, 2017. Prior, he was Vice President, Financial Reporting & Accounting Policy, PHH Mortgage (January, 2003 - June, 2010); Senior Auditor, Deloitte (August, 2000 - January, 2003); Staff Auditor, Ernst & Young (September, 1999 - July, 2000).  Community Service: Volunteer: President, Oreland-Wyndmoor Little League (January, 2014 - Present). Board Member, Oreland-Wyndmoor Little League (January, 2012 - Present).

Shaun Buswell was hired as Collection Manager, Alliance Funding Group, Portsmouth, New Hampshire.  Previously, he was at Direct Capital (now CIT Bank), starting September, 2014, as Manager, Assets and Risk; promoted August, 2017, AVP Collections and Recovery; Senior Manager, Client Services, Equipment Engine Financial Services Company, LLC (February, 2010 - August, 2014); Senior Asset & Recovery Manager/Appraiser, Direct Capital Corp. (June, 2004 - February, 2010); Sr. Commercial         Collector, The CSS Companies (April, 1997 June, 2004). Community Service: Volunteer: Youth Basketball and Football Coach, Board Member SSYAA (September, 2010 - November, 2017).  Education: University of New Hampshire (1999 - 2001).  Hesser College (1999 - 2000).

W. David Fisher was hired as Territory Manager, Caterpillar Finance Services Corporation, Jackson, Mississippi. Previously, he was Regional Sales Manager, Commercial Credit Group, Inc. (July 2017 - December, 2018). Prior, he was at Wells Fargo, starting October, 2006, as Credit Compliance Manager; promoted January, 2010, Assistant Vice President-Loan Adjuster; promoted October, 2012, as Territory Manager; promoted December, 2013, Vice President.  Field Operations Specialist, The CIT Group, Field Operations Specialist (May, 2005 - October, 2006); Branch Portfolio Manager, CitiCapital Commercial Corp. (August, 2000 - March, 2003). Community Service: Volunteer, Feed My Starving Children (March, 2011 - March, 2012). Small Group Leader Up Street, Browns Bridge Community Church (August, 2016 - Present).  Head Football Coach, Sharon Springs Parks and Recreation (June, 2005 - October, 2017). Education: Mercer University, MBA, Business (2004 - 2006).  Concentration in International Business. Georgia State University, BBS, Finance (1995 - 1999). Activities and societies: Sigma Nu-Eta Gamma 913.

Lou Haboush was hired as Senior Sales and Business Development Manager, Dext Capital, Portland, Maine. He is located in the Greater Chicago Area.  Previously, he was Senior Vice President, NFS Leasing (April, 2018 - December, 2018); Senior Vice President, Specialty Capital Group, Inc. (January, 2018 - March, 2018); Vice President, First Financial Corporate Services & Healthcare Solutions (June, 2013 - December, 2017); Director of Business Development, Presidio (January, 2010 - June, 2013); Director of Market Development, Velocity Financial Group (February, 2007 - December, 2009); Executive Vice President of Business Development, DoveBid (2002 - 2004); Executive Vice President, Global Sales, ZoneTrader (May 2000 -  August 2002); Senior Vice President, Comdisco (1987 - 1999).  Education: Indiana University Bloomington, Bachelor of Science, Finance, Marketing. Member, Sigma Alpha Epsilon Fraternity. Member of the Little 500 Bicycle Team for SAE Fraternity. Northwestern University, Kellogg Graduate School: Finance for Executives; Sales Force Management (1998).

Terrence McDermontt was promoted to Program Manager, Respironics, Philips Medical Capital (PMC), Wayne, Pennsylvania .He joined the first February, 2015 as Financial Specialist.  Previously, he was at De Lage Landen (DLL), starting January, 2010, Data Analyst; promoted December, 2010, Modeling Expert; promoted August, 2011, Scorecard  Consultant; promoted October, 2013, Market Intelligence & Business Development Officer. Education: McDaniel College, BA, Business Administration (2005 - 2009). The Hill School, HS Diploma (2001 - 2005).

Krystal Mitsiaris was promoted to Client Service Manager, CIT Bank (previously Direct Capital), Portsmouth, New Hampshire.  She joined the firm March, 2015, as Funding Manager; promoted September, 2017, Business Development Representative; promoted, December, 2017, Capital Coordinator; promoted July, 2018, Lending Solutions Manager. Previously, she was Accounting Clerk, Fountains America (June, 2014 - March, 2015); Buyer 1, GM Nameplate (March, 2013 - April, 2014); Server, Friendly's Restaurant (January, 2010 - January,20 13); Administrative Assistant/Purchasing Agent, VitalMED, Inc. (January, 2006 - January, 2010); Pharmacy Technician, CVS Pharmacy (January, 2001 - January, 2006).  Education: Mount Washington College. Associate of Science (AS), Accounting (2010 - 2012).  Upper Cape Cod Regional Technical School.  High School Diploma, Cosmetology/Cosmetologist, General (1999 - 2003). Cosmetology. 

Vu Nguyen was hired as Vice President of Business Development Taycor Financial, El Segundo, California. Previously, he was Sales Manager, Currency, January, 2018 - November, 2018; Executive Director of Sales, Strada Capital Corporation (April, 2010 - January, 2018); Area Manager, Countrywide Home Loans (February, 2005 - September, 2007).  Education: Loma Linda University, Health Services/Allied Health/Health Sciences, General. Saddleback College. Health/Health Care Administration/Management (2010 - 2012).

Jennifer Stamps was hired as Director, NBH Capital Finance, Dallas/Fort Worth Area.  Previously, she was Senior Vice President, Commercial Finance, Ally (May, 2008 - September, 2008); Vice President, Equipment Finance, BMO Harris Bank (July, 2012 - April, 2018); Vice President, Siemens  Financial Services (May, 2007 - April, 2011); Vice President, Equipment Finance, CIT (March, 2006 - April, 2007); Senior Vice President, GE Commercial Finance (June, 2004 - February, 2006); Marketing Director, Boeing Capital Corporation, The Boeing Company (July, 2000 - June, 2004). The University of Texas, Austin (BBA-Finance). The University of Texas at Austin, The Red McCombs School of Business (MBA, Finance and Accounting.)

Tim Vertz was hired as Vice President Development, Sales, DEXT Capital, Portland, Oregon.  He is based in Jacksonville, Florida. Previously, he was Vice President of Business Development, Healthcare, Huntington National Bank (April 2015 - December, 2018); Co-Founder, Vice President, Business Development, Zevacor (December, 2012 - May, 2015);  Vice President of Development and Partner, MEI HealthCare Capital (August, 2004 – December, 2012); SE Region Manager, DVI, Inc. (1997 – 2005); Southern California Ultrasound Sales, Toshiba America Medical Systems (1989 – 1994); Sales Los Angeles, ATL Ultrasound (1986 – 1988). Volunteer: Board Member, HOPE Women's Centers Languages:  Spanish. Education: The University of New Mexico, Robert O. Anderson School of Management. The University of New Mexico, Robert O. Anderson School of Management, BBA, International Management (1978 – 1983). Albuquerque Academy High School (1970 – 1978).

Debbie Worthen was promoted to Senior Vice President of Marketing, Onset Financial, South Jordan, Utah.  She joined the firm January, 2017, Vice President of Marketing and Public Relations.  Previously, she was Multi-Media TV Personality/Meteorologist, KUTV 2News/KMYU (April, 2002 - January, 2017).  Community Service: Volunteer, Jordan Education Foundation, September, 2017 - Present). Education: University of Utah, B.S., Communications Studies (1994 - 1998).  Mississippi State University. Broadcast Meteorology.




Sales Makes it Happen by Scott Wheeler, CLFP

My Advice for 2019

 Activity in all sectors, and for most all participants, has been robust throughout the year and looks like it continued through the fourth quarter, despite the topsy-turvy stock market and pundits worrying about a recession. My advice for 2019:

  • When the fish are biting, keep fishing, don't pull up your lines and go home. An originator recently said he is working smarter and harder than ever. He doesn't want to look back at 2018 in several years and say, "If I had only pushed harder when business was strong, I would be better positioned to make money in 2025." The fish are biting.
  • You get what you ask for. If you want to close more business, start asking for the sale. A relatively new originator wanted to increase his income. My suggestion was to engage with more people on a daily basis. Time is money - use it wisely. Every conversation is a new opportunity to increase your income - if you just ask.
  • Success comes to those who work hard. Quality assets are developed by professionals who know what they are doing and who are willing to create clients from the best leads. Success requires perseverance.
  • Success is a journey filled with challenges and solutions. I often speak with veterans in the industry who have had very successful careers. They all claim that their greatest "lessons learned" were gained during challenging times. But rather than giving up or giving in they pressed on. They learned from their mistakes. They sought out new solutions and became stronger professionals because of their persistence.

Wheeler Business Consulting provides training, strategic planning, and acquisition services. Scott Wheeler is available to discuss your long-term strategy, to assist your staff to maximize outcomes, and to better position your organization in the market.

Comments and suggestions are always welcome.

Scott A. Wheeler, CLFP
Wheeler Business Consulting
1314 Marquis Ct.
Fallston, Maryland 21047
Phone: 410 877 0428
Fax: 410 877 8161

Sales Makes it Happen articles:


How to Build a Valuable B2B Social Media Presence

FinTech #102 by Alex Vasilakos

It can be difficult to know how to navigate the ever-evolving world of social media and how you can best use it to your advantage as a business. Algorithms are constantly changing, as are the trends in usage. How do you choose which networks are the most effective for your marketing focus? After you pick a platform, how do you decide what to post and when?

As overwhelming as it can sound, social media marketing isn’t rocket science. While there are rights and wrongs in the social stratosphere that is the internet, you have a few different options to find the perfect combination of networks and strategy that fits your company and potential clientele without being stuck in a proverbial box. You aren’t limited to one method of communication or required to use it in the same exact way as anyone else.

With that being said, you do want to make sure you have an actual plan. Don’t just wing it! The best marketing intentions will fall flat if you just start posting whatever comes to mind wherever you happen to land. Here are some ideas to get you started.

1.      Begin With the End in Mind

Before you post a single thing, stop and think about what exactly your goals are for your social media presence. Ask yourself some questions about your intentions and the type of content you hope to share. The answers can help you decide what direction to go in and whether the posts you are creating actually produce the desired results.

    • Are you just hoping to communicate with your existing market or branch out?
    • Do you want to create an authentic, human connection with viewers through your posts by creating content that feels down to earth and relatable?
    • Are you simply trying to get your company in front of more clients for sales leads?
    • Do you think social media can help you present a reliable, trustworthy image?

2.      Don’t Try to Be Everywhere at Once

Once you know what your destination is, you can begin thinking about how you want to get there. Different platforms have their strengths and weaknesses depending on your particular needs. If you are trying to share a product rather than a service, image-based websites such as Instagram or Pinterest may be more fitting for your dynamic for their widespread reach, while Facebook and Twitter are better for managing a large number of repeat followers who can keep up with your numerous posts in one place with ease, helping you build some credibility.

Don’t try to take on too much. Pick just a few networks and really invest in your marketing strategy for those niches instead of trying to spread yourself too thin, especially if you don’t have an employee to handle all of the social media content. If it’s a little overwhelming to make some of those choices just yet, try starting with LinkedIn to create professional relationships with similar companies and current clients; these connections will produce more potential leads with related individuals and businesses. Then you can begin to cultivate your presence on other platforms.

3.      Be Mindful of What You Post

Keep your content related to your marketing strategy goals. Don’t stray into areas that could offend potential clients, such as politics and religion, unless your business specifically caters to those industries. Try to keep personal preferences out of it so your followers don’t base their opinion of your company on something completely unrelated.

Instead, focus on building connections based on these guidelines, keeping your content valuable and not spamming your clients with excessive posts that come across as inauthentic.

    • 80% of your posts should be informative or engaging
    • Link to outside content from other sources in your industry
    • Seek to educate viewers on concepts within your field
    • Share helpful information for clients not related to your brand
    • 20% of your posts, at maximum, should be promotional

The ideal is to build strong relationships with your followers.

Alex Vasilakos
Director of Marketing
The Finance Marketing Group 
Office: 518-591-4645x102 / Fax: 518-677-1071
90 State Street, Suite 1500, Albany, NY 12207

Currently, Alex works exclusively with financial services companies but his depth of knowledge and experience can help design and implement long-reaching strategies for businesses across all industries.

Previous Financial Technology Articles


Can Lease Assumption in a Chapter 7 Override
The Necessity of a Reaffirmation Agreement

By Tom McCurnin
Leasing News Legal Editor

Debtor Assumes Equipment Lease But Does Not Reaffirm. Is Reaffirmation Under the Bankruptcy Code Required to Have An Enforceable Lease?

Bobka v. Toyota Motor Credit Corp., 586 B.R. 470 (Bankr. S.D. Cal. 2018)

Anyone involved in personal consumer bankruptcies knows that debtors often wish to reaffirm certain debts, like a favorite credit card or a car. Since the Bankruptcy Reform Act, the requirements for these have been tightened up to protect debtors under Bankruptcy Code § 524. 

Anyone involved in equipment leases knows that a debtor can assume an equipment lease after filing bankruptcy under Bankruptcy Code § 365. 

So, what happens when the two concepts intersect? In order to have an effective assumption, must the bankruptcy court go through the requirements of a reaffirmation agreement in addition to the assumption statute? In today’s case, a bankruptcy court addressed this issue of first impression for California. The facts follow.

The Debtor Melissa Bobka entered into an equipment lease with Toyota Motor Credit.  She ultimately filed a Chapter 7 Bankruptcy.  She telephoned the creditor and asked to assume the lease.  She made payments under the lease agreement but did not actually sign an assumption agreement until after the deadline to assume leases under § 365.  The Debtor defaulted on the lease a few months later but before discharge.  Toyota made a series of collection calls trying to recover payments prior to discharge.  The Debtor ultimately surrendered the vehicle to Toyota.  The Debtor sued Toyota claiming a violation of the automatic stay, based on the collection phone calls. 

The trial court ruled that no violation of the automatic stay occurred, due mainly to the fact that the lease was assumed.

On appeal, the Bankruptcy Appeal Panel noted the existence of two lines of cases, some of which require an reaffirmation agreement with an assumption agreement, and another line of cases of which hold that a mere assumption agreement is sufficient.  The court held that if Congress intended to require reaffirmation with an assumption, there would be no reason Congress set forth an extensive § 365 process for lease assumptions if it could have just explicitly made lease assumptions part of the reaffirmation process.  While judicial supervisions of reaffirmation agreements is an important concept, it is not always required.  The court affirmed the judgment of the trial court and dismissed the claim for violation of the automatic stay.  The equipment lessor won, the Debtor lost. 

I’ll note that this case, any reaffirmation would have been approved, since the reaffirmation was not an undue hardship, since the Debtor had the money to make the payments, and indeed made the payments.  I’ll also note that notwithstanding the lease assumption, I question whether the assumption survived the discharge, and any deficiency was probably not recoverable. 

What is the takeaway here? 

There is a Conflict of Authority When Equipment is Assumed in the Context of a Personal Chapter 7.  While I get it that Florida, some New York courts and others do not require a reaffirmation, other states do (New York, Michigan). Given the fact that there is a split of authority, the equipment lessor is probably wise to act conservatively and obtain a reaffirmation.  This would have avoided an expensive trial and appeal. 

Bobka v Toyoto Motor Credit Corp.   (14 pages)

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

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Visit our web site at
Previous Tom McCurnin Articles:

Previous Tom McCurnin Articles:



By Niall McCarthy, Statista




Fernando's View
By Fernando F. Croce

An aching mood piece (“If Beale Street Could Talk”) and exhilarating animated action (“Spider-Man: Into the Spider Verse”) make for a contrasting good time in theaters, while DVD releases offer charming comedy-drama (“Juliet, Naked”) and a couple of blazing rediscoveries (“The Last Movie,” “Eight Hours Don’t Make a Day”).

In theaters:

If Beale Street Could Talk (Angel Films): Barry Jenkins’ follow-up to the Oscar-winning “Moonlight” is just as heartbreaking, romantic and poetic. Adapting James Baldwin’s novel and set in 1970s Harlem, the film explores the passionate but troubled relationship between two young people. Tish (Kiki Layne) tells the tale, recalling her love for Alonzo (Stephan James), a struggling artist whom she’s known since childhood. Their dream of starting a family is met with many hurdles, from family disapproval to an unjust arrest. With the help of Tish’s mother (Regina King, in a fantastic performance), they hope to overcome their problems in the search for true romance. Making gorgeous, sensuous use of cinematic textures, movement, and music, Jenkins creates an aching mood piece that continues to reverberate long after it ends.

Spider-Man: Into the Spider Verse (Columbia Pictures): Viewers experiencing superhero fatigue will find the perfect refresher in this exhilarating animated version of the Marvel Comics character. Though he figures in the fast-paced story, Peter Parker (voiced by Jake Johnson) is really a supporting character in this telling, as he helps teenager Miles Morales (Shameik Moore) learn about his new powers after he’s bitten by a radioactive spider. As he climbs buildings and shoots webs, the youngster and his friends come to the rescue as New York is threatened by malevolent villain Kingpin (Liev Schreiber). The comic-book narrative has been repeatedly told recently, but rarely with this much sheer joy as directors Peter Ramsey, Rodney Rothman and Robert Persichetti Jr. create an inspired, dynamic and inclusive coming-of-super-age fable.

Nextflix: A striking and perpetually underutilized talent, Sondra Locke (1944-2018) combined fragility and fierceness in a variety of films. So check out Netflix for her best roles, which include “The Heart is a Lonely Hunter” (1968), “The Outlaw Josey Wales” (1976), “The Gauntlet” (1977), “Bronco Billy” (1980), and “Sudden Impact” (1983).


Juliet, Naked (Lionsgate): Rose Byrne and Ethan Hawke shine in this charming comedy-drama, directed by Jesse Peretz (“Our Idiot Brother”). Byrne stars as Annie, a British small-towner who runs the local museum and is in a dead-end relationship with Duncan (Chris O’Dowd), who has an obsession with a certain semi-forgotten musician from the ‘90s. That’s Tucker (Hawke), who is back in the news thanks to an unreleased song that Annie can’t help but make fun of. Their shared dislike for the demo begins an unexpected romantic bond between Annie and Tucker, a bond that grows despite them being in separate continents. Nicely shading in a lot of the human messiness that usually gets left out of modern romantic comedies, the movie has gentleness, humor, and an engaging rapport between the stars.

The Last Movie (Arbelos Films): Long unavailable since its 1971 premiere, Dennis Hopper’s remarkable follow-up to the counterculture classic “Easy Rider” is finally enjoying a theatrical re-release, giving audiences the chance to discover a profoundly complex and challenging work. Hopper plays Kansas, a stunt-man who decides to start a new life in a Peruvian village after tragedy strikes on the set of his latest film. Trouble is, the presence of the American filmmakers has a toxic effect on villagers, who decide to create their own Western with fake cameras and real bullets. Using this meta-plot as a launching pad for a procession of psychedelic blurs of reality and fantasy, Hopper serves up a vision that seems to shimmer, mutate and disintegrate before the audience’s eyes. With a cast that includes Kris Kristofferson, Dean Stockwell and Peter Fonda.

Eight Hours Don’t Make a Day (Criterion): In his short but brilliant career, the late German wunderkind Rainer Werner Fassbinder (“Ali: Fear Eats the Soul”) directed melodramas of all kinds, from lush period pieces to rough-and-ready slices-of-life to avant-garde theatrical arrangements. Rarely screened since its 1972 premiere, this exceptional, five-part story finds the inventive young director experimenting with political themes and intense emotions. Taking place in working-class Munich, it centers on Jochen (Gottfried John), a toolmaker determined to rally his fellow workers together in demands for better working conditions at their factory. Also depicting his relationships with his family and his courtship with Marion (Hanna Schygulla), Fassbinder’s intimate epic is sprawling yet consistently engrossing—a real cinematic discovery. With subtitles.


Chinese Shar-Pei/Mix
Fallston, Maryland  Adopt-a-Dog

ID #17439916
7 years, 8 months
Declawed: no

Site: Humane Society of Harford County
Dog Kennel Wing-Blue
Adoption Price: $95

“Bear is a Chinese Shar-Pei mix who is in search of someone special. Bear likes to play and go on long walks, but can take advantage of a relaxed mentality and think he's in charge, so it's much preferred that he goes to a home with previous experience with the breed, and older, respectable children.”

Humane Society of Hartford County, Inc.
2208 Connolly Road
Fallston, MD 21047
(410) 836-1090


Shelter Hours:
Monday thru Friday: 11 am–6 pm
Saturday: 10 am–5 pm
Sunday: 12 pm–4 pm

Adopt a Pet


Thank you for Your Donation to Salvation Army Kettle
Very Much Appreciate Your Support - Kit Menkin

Larry Armstrong $260.50
Brian Carey $50.00
Ben Carlile $78.00
Edward Castagna $100
Richard Cohen $260
Theresa Kabot $100
Jule Kreyling  $104
Brice Kropschot $100
Michael Larkin $52.10
Allan Levine $100
Bruce Lurie $100.00
Gerry Oestreich $52.10
Klaus Pache $104
Susan Robert $312
Jeffrey Rudin $250
Dean Rudin $100
Robert Teichman $50


News Briefs----

 What We Learned About RapidAdvance
   From RapidAdvance’s Planned Securitization

US Factories End 2018 on a Low Note, Amid Trade War
  20%  manufacturers report their outlook worsened this month  

10 Largest Marijuana Companies
  Eight are in Canada

Reveals American are Moving West and South
   United van Lines' National Movers Study


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American Football Poem
Chicago Bear Happiness

I ASKED the professors who teach the meaning of life to tell
me what is happiness.
And I went to famous executives who boss the work of
thousands of men.
They all shook their heads and gave me a smile as though
I was trying to fool with them
And then one Sunday morning I wandering out among
grass fields surrounding Dolphin Stadium
And I saw a crowd of Polacks under the trees with
their women and children 
and a keg of beer and an
They cheered and sang,
watching TV on a portable battery.
Go Bears! They yelled.
And then they lifted the beer mugs high
and yelled again: Go Bears!
As if they would win.
(With apologies to Carl Sandburg.)


Sports Briefs---

NFL playoffs X-factors: What will tip wild-card matchups?

Giants won’t commit to Eli Manning after ‘no holds barred’ meeting

49ers' offensive potential unrealized in 2018 season


California Nuts Briefs---

How Fisherman’s Wharf went from fishing hub to tourist mecca



“Gimme that Wine”

The story of California Chardonnay – part 1

How to Keep Lodi Zinfandel Economically Sustainable

Oregon proposes lowering drunken-driving limit to .05, following Utah

Monterey Wines Conjunctive Labeling Goes into Effect January 1, 2019

Top New Wine Videos of 2018

Just in time for the new year:
   Great quotes from nearly 40 years on the wine beat

Wine Prices by vintage

US/International Wine Events

Leasing News Wine & Spirits Page


This Day in History

     1749 - Benning Wentworth issued the first of the New Hampshire Grants, leading to the establishment of Vermont.
    1777 - General George Washington’s Continental Army defeated British forces at the Battle of Princeton, New Jersey.
    1793 - Political and social reformer Lucretia Coffin Mott (d. 1880) born in Nantucket, MA.
    1823 – Stephen F. Austin received a grant of land in Texas from the government of Mexico.
    1831 – The building & loan association in the US organized at Frankford, Pennsylvania.
    1834 – The government of Mexico imprisoned Stephen F. Austin in Mexico City.
    1852 – The first Chinese emigres landed in Hawaii.
    1861 – Delaware rejected a proposal to join the Confederate States of America, deciding to remain in the Union.
    1870 – Construction began on the Brooklyn Bridge.
    1876 - Hill Institute opened in Florence, MA. Originally called the Florence Kindergarten, because it was in the home of its founder, Samuel Lapham Hill, it become known as the Hill House and later to the name known today as the first free Kindergarten.
    1888 - Marvin Stone, of Washington, D.C., filed a patent for a drinking straw made out of paraffin-covered paper, replacing natural rye straws. It revolutionized drinking soda pop, not only a drug store fountains, but baseball games, beach, and all outdoor events. 
    1889 – The world’s largest telescope at the time, the James Lick telescope at the Lick Observatory, east of San Jose, measuring 91 cm in diameter, was used for the first time.
    1889 – An admissions convention seeking statehood was held in Ellensburg, WA. 
    1897 - Marion Davies, born Marion Cecilia Douras (d. 1961) at Brooklyn, NY. She made her first appearance on film in 1917. Her romantic and professional involvement with newspaper magnate William Randolph Hearst ensured the type of publicity that would launch her to stardom. Her films included When Knighthood Was in Flower, The Patsy and Show People. She had a mansion on Santa Monica Beach and as kids we would visit. When she was in a good mood, she was friendly and gave us soda. When her house was vacant, it became a place for us to meet as we knew how to enter, plus guards remember us as her friends.
    1899 – The first known use of the term “automobile” appeared in an editorial in The New York Times.
    1903 - President Theodore Roosevelt signed a bill establishing South Dakota's Wind Cave as a national park and preserve. It was the first national park established for the preservation of a cave.
    1904 - Eddie Lang Birthday
    1907 – Ray Milland was born Alfred Reginald Jones (d. 1986) in Wales. 
His screen career ran from 1929 to 1985, and he is best remembered for his Academy Award-winning portrayal of an alcoholic writer in “The Lost Weekend” (1945), a sophisticated leading man opposite a corrupt John Wayne in “Reap the Wild Wind” (1942), the murder-plotting husband in Hitchcock’s “Dial M for Murder” (1954), and as Oliver Barrett III in “Love Story” (1970).
    1909 - Victor Borge was born Børge Rosenbaum (d. 2000) in Denmark.  Comedian, conductor, and pianist who achieved great popularity in radio and television in the US and Europe, his blend of music and comedy earned him the nicknames "The Clown Prince of Denmark," "The Unmelancholy Dane," and "The Great Dane.”
    1910 - Stanley George "Frenchy" Bordagaray (d. 2000) was born in Coalinga, CA.  He played Major League Baseball with several clubs between 1934 and 1945 with a .283 career batting average.  Bordagaray gained publicity through the press through his colorful personality and various gimmicks. He grew a mustache in a time when baseball players were expected to be clean shaven.  He told the following story, "I was making $3,000 a year playing baseball, so I figured I could at least have fun while I was not getting rich. But after I had [the mustache] about two months, Casey [Stengel] called me into the clubhouse and said, 'If anyone's going to be a clown on this club, it's going to be me.'"
    1919 – Herbert Hoover was put in charge of war relief in Europe.
    1920 - Boston Red Sox owner and theatrical producer Harry Frazee sold pitcher-outfielder Babe Ruth to the New York Yankees for $125,000 and a $300,000 loan. Frazee used the loan several years later to produce “No, No, Nanette,” a hit musical.
    1921 - The University of Wisconsin, Madison, WI on station 9XM made the first weather broadcast.  Other radio stations copied this popular news.
    1929 – William S. Paley, 27, became the president of CBS.  In 1927, Samuel Paley (William’s father), Leon Levy (Leon Levy was married to Paley's sister, Blanche), and some business partners bought a struggling Philadelphia-based radio network of 16 stations called the Columbia Phonographic Broadcasting System.  Samuel Paley's intention was to use his acquisition as an advertising medium for promoting the family's cigar business, which included the La Palina brand. Within a year, under William's leadership, cigar sales had more than doubled, and, in 1928, the Paley family secured majority ownership of the network from their partners. Within a decade, William S. Paley had expanded the network to 114 affiliate stations.  Paley's recognition of how to harness the potential reach of broadcasting was the key to his growing CBS from a tiny chain of stations into what was eventually one of the world's dominant communication empires. During his prime, Paley was described as having an uncanny sense for popular taste and exploiting that insight to build the CBS network. As war clouds darkened over Europe in the late 1930s, Paley recognized Americans' desire for news coverage of the coming war and built the CBS news division into a dominant force just as he had previously built the network's entertainment division.  The lessons of his success in radio carried well into the booming pst-war medium, television.
    1930 - The first diesel engine car trip was made by Clessie Lyle Cummins of the Cummins Engine Company, Columbus, IN, with a stock model engine weighing 1,200 pounds, delivering 50 horsepower at 1,000 revolutions per minute with four cylinders of 4.5x6 inch bore, installed in a seven-passenger Packard sedan. He left Indianapolis, IN this day and arrived in New York City on January 6, covering 792 miles at a total fuel cost of $1.38.
    1933 – Minnie D. Craig became the first woman elected as Speaker of the North Dakota House of Representatives, the first woman to hold a Speaker position anywhere in the United States.
    1938 – The March of Dimes was established by President Franklin D. Roosevelt, himself a victim of the disease, to fight polio.
    1939 - Hockey Hall of Fame Left Wing Bobby Hull birthday, Point Anne, Ontario, Canada.  In his 23 years in the NHL and WHA, Hull played for the Chicago Black Hawk, Winnipeg Jets and the Hartford Whalers.  He won the Hart Trophy as the NHL's most valuable player twice and the Ross Trophy as the NHL's leading point scorer three times, while helping the Black Hawks win the Stanley Cup in 1961. He also led the WHA's Winnipeg Jets to Avco Cup championships in 1976 and 1978. He led the NHL in goals seven times, the most of any player in history (tied by Alexander Ovechkin in 2017–18) and led the WHA in goals one additional time while being the WHA's most valuable player two times. He was elected to the Hockey Hall of Fame in 1983 and in 2017, Hull was named one of the '100 Greatest NHL Players' in history.
    1939 - Gene Cox, 13, served on the House floor as aide to her father, Representative Eugene Cox (D-GA), on opening day of the 76th Congress. She was paid $4 for three hours of work and there were no objections to her one-day service. More than 30 years later, however, there was much debate when Senator Jacob Javits (R-NY) nominated a female to be a real Senate page.
    1945 - Admiral Chester Nimitz, placed in command of all US naval forces, began planning assaults on Okinawa and Iwo Jima in Japan.
    1945 – Stephen Stills of Crosby, Stills, Nash and Young, was born in Dallas.
    1946 – As a reward for his wartime cooperation, NY Governor Thomas Dewey commuted Charles "Lucky" Luciano's pandering sentence on condition that he not resist deportation to Italy.  Luciano was tried and successfully convicted for compulsory prostitution and running a prostitution racket in 1936 after years of investigation by DA Thomas E. Dewey. He was given a thirty-year prison sentence, but during World War II an agreement was struck with the Department of the Navy through his associate Meyer Lansky in order to protect New York's harbors from Axis U-boats.  Dewey almost failed to keep his end of the bargain and it took months to finally come up with a solution to release Luciano. He was deported to live his life freely outside the U.S.
    1947 - For the first time, the opening of Congress was televised.
    1947 – William Dawson became the first African American to head a Congressional committee.
    1949 - Metronome All-Stars (Parker, Gillespie, Ventura, etc.) cut “Victory Ball,” “Overtime,” and many more, New York City
    1952 – “Dragnet” starring Jack Webb, premiered, on NBC.  “The facts, ma’am, just the facts.”  During its early success on radio, “Dragnet” was popular enough to move to television. More important was that it brought continuity between the television and radio series, using the same script devices and many of the same actors.  This original ran through 1959, then became “Badge 714” in syndication that may still be seen on cable networks occasionally.  On Webb's death in 1982, LA Police Chief Daryl Gates announced that badge number 714, which was used by Joe Friday in “Dragnet”, would be retired. Los Angeles Mayor Tom Bradley ordered all flags lowered to half-staff in Webb's honor for a day, and Webb was buried with a replica LAPD badge bearing the rank of sergeant and the number 714.       
    1957 - Hamilton Watch Company, Lancaster, PA introduced to the public the first electric watch.  The movement was powered by a small energy cell guaranteed to operate the watch for a year. It had no mainspring and had 35 percent fewer parts than an automatic or self-winding watch.
    1959 - Alaska, which had been purchased from Russia in 1867, became the 49th state. The area of Alaska is nearly one-fifth the size of the rest of the United States.
    1962 – Ground was broken for the 8th Wonder of the World, the Houston Astrodome. 
    1965 - Three brothers became the first from one family to serve in the Senate. Three sons of Joseph Patrick Kennedy and Rose Kennedy of Boston, MA. are John Fitzgerald Kennedy, senator from Massachusetts, who was sworn in on January 3, 1953; Edward Moore Kennedy, also from Massachusetts, who was sworn in on January 9, 1963; and Robert Francis Kennedy, senator from New York, who was sworn in on January 3, 1965.
    1971 – NFL football, Bay Area chapter.  AFC Championship Game: Baltimore Colts beat Oakland Raiders, 27-17; NFC Championship Game: Dallas Cowboys beat San Francisco 49ers, 17-10.
    1973 - A group headed by shipping executive George M. Steinbrenner, III, bought the New York Yankees from CBS for $10 million.  During Steinbrenner's 37-year ownership from 1973 to his death in July 2010, the longest in club history, the Yankees earned seven World Series titles and 11 AL pennants.  The team continues under the family ownership with Steinbrenner’s sons, Hal and Hank.
    1976 - Martha Elizabeth Keys, Democrat of Kansas and Andrew Jacobs, Jr, Democrat of Indiana, were married at Topeka, KS, to become the first congressional representatives to marry each other.
    1977 – Apple Computer incorporated
    1980 – One of the greatest catches in Super Bowl history was made by David Tyree, born in Livingston, NJ.  His “Helmet Catch” in 2008 on the New York Giants' final drive of Super Bowl XLII, came at a crucial moment in continuing the drive that eventually resulted in the Giants scoring a last-minute touchdown, resulting in a 17–14 victory over the previously undefeated New England Patriots.  The pass was thrown by QB Eli Manning, see below.
    1981 – Eli Manning was born Elisha Nelson Manning IV in New Orleans.  Son of QB Archie Manning and brother of Peyton Manning, Eli is the winner of two Super Bowls with the Giants, MVP in each and holds Giants franchise records for most passing yards, TD passes, and completed passes in a career.
    1983 – Dallas Cowboys running back, Hall of Famer Tony Dorsett, set the NFL record for the longest run from scrimmage, ripping off a 99-yarder against the Minnesota Vikings.
    1987 - Cleveland quarterback Bernie Kosar passed for 487 yards, an NFL playoff record to date, to lead the Browns to a double-overtime 23-20 victory over the New York Jets in an AFC divisional playoff game. The following week, Cleveland lost the AFC championship game, also in overtime, to the Denver Broncos by the identical score.
    1987 – The Rock and Roll Hall of Fame inducted its first female artist, Aretha Franklin.
    1989 - “The Arsenio Hall Show” premiered on TV. Arsenio Hall became the first African-American to host a successful syndicated late-night talk show. The show attracted a younger audience than that of Johnny Carson's “The Tonight Show” and effectively limited the impact of CBS's 1989 late-night entry, “The Pat Sajak Show.” Hall was successful in booking soul and rap music acts that had rarely been seen on other shows. His was also the show on which presidential candidate Bill Clinton appeared, playing the saxophone in dark glasses. Hall was named by TV Guide (June 1990) as its first “TV Person of the Year.”
    1991 – Wayne Gretsky scored his 700th career goal, against the NY Islanders.
    1993 – The greatest comeback in NFL history occurred when the Buffalo Bills’ backup QB, Frank Reich, engineered a 41-38 OT victory over the Houston Oilers in the AFC wild card game.
    1996 – The first clamshell flip mobile phone, the Motorola StarTAC, goes on sale. Eventually 60 million are sold….and many are still in service!
    2004 - After hosting the show for over 30 years, Casey Kasem gave up the hosting duties of radio’s "American Top 40" to Ryan Seacrest.
    2018 - Previously unknown, the ancient Beringians people were unearthed in Alaska; they are believed to be the earliest known Native Americans at 11,500 years old.



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Top Stories

(chronological order)

- MCA Training and Certification
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   With Losses over $7 Million after Some Recoveries
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He’s Back! Trebels Says He Has Completed More than $1 billion
    in Transactions Service More than 100 lenders and Investors
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    for Alleged Sexual Abuse
Highlights: Marlin Business Services Q3 2018 Results
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Sales People Reportedly Are Leaving, Too
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