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

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Orange, California
Legal Coordinator

Minimum 5 years' experience in legal collections.
The Legal Coordinator will be responsible
for collecting, coordinating and processing all
collections referrals of commercial loan agreements
to outside third party agencies and law firms.
Click here for more information.
 Please send resume and cover letter to: acole@quickbridgefunding.com

www.quickbridgefunding.com
Quick Bridge Funding provides working capital loans
to small and mid-sized companies throughout
the United States. With an innovative program
we provide capital to an to an under-served market.



Monday, March 10, 2014


Today's Equipment Leasing Headlines

Archives---March 10, 2006
 Summit National Chapter 11 BK Update
  Classified Ads---Collections
Former Marks & Associates Employee to Head
 Renasant Bank Equipment Financing Division
  Beyond the Detroit Municipal Bankruptcy Headlines
   by Thomas L Cadle, CLP
    Classified Ads---Help Wanted
  “Can and How Do I View My Personnel File”
    Career Crossroad---By Emily Fitzpatrick/RII
Leasing 102 by Mr. Terry Winders, CLP
 Internal Revenue Service Vs. the Uniform Commercial Code
  Cartoon---Bank Loan Policy
Lease Servicing Pitfalls
 By Tom McCurnin, Leasing News Legal News Editor
  Meet Leasing News Advisor Hugh Swandel
   Top Stories March 3--March 7
    (You May Have Missed One)
     Spring Forward---Taking Bode for a Walk Sunday
      Labrador Retriever/Shepherd Puppy
       Birmingham, Alabama Adopt-a-Dog
     Fernando's View
      By Fernando F. Croce
        Leasing Attorneys
News Briefs---
Bitcoin refuses to flip: Virtual currency stays strong
 JPMorgan whistleblower gets $63.9 million in mortgage fraud deal
  The Trouble with Calculating Cold Weather's Bite on the Economy
   Tablet market growth slows as users shy away from upgrades

Broker/Funder/Industry Lists | Features (collection)
Top Ten Stories Chosen by Readers | Top Stories last six months

www.leasingcomplaints.com (Be Careful of Doing Business)
www.evergreenleasingnews.org

  You May have Missed---
   SparkPeople--Live Healthier and Longer
  Poem
    Sports Briefs---
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######## surrounding the article denotes it is a “press release” and was not written by Leasing News nor information verified, but from the source noted. When an article is signed by the writer, it is considered a “by line.” It reflects the opinion and research of the writer.



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Archives---March 10, 2006
Summit National Chapter 11 BK Up-date


As many as 200 banks and leasing companies are licensed to use the Summit National software. The company is also developing a new program that will replace its present software, a major up-grade. The company alleges it was forced to file Chapter 11 bankruptcy. During this period, the unsecured liabilities are primarily to the officers of the corporation and now total almost $1 million. During this period, it is reported the only secured creditor, Nancy McDougal, wife of the founder of the company, Bruce McDougal, who died of cancer, has been paid in full.

Recently the company won a permanent injunction and partial summary judgment against its licensee, Daimler Chrysler Services North America (DCS) for breaking its ALAS vehicle leasing software license agreement.

As Summit's president Ken Duffy, Sr., explains it, "On December 24, 2004, without prior notice to Summit, DCS entered into an agreement with the software company's secured creditor for the purpose of inducing a foreclosure and collateral sale. DCS, through information obtained in deposition testimony, had arranged to bid to acquire control of the collateral and control of Summit.

According to Duffy, this prevented Summit from obtaining final judgment and damages award.

"On or about April 1, 2005, the secured creditor placed notices of collateral sale in the Wall Street Journal with an intended sale date of April 22, 2005,“ he said. “On April 21, 2005, on advice of counsel, his company filed for protection under Chapter 11 of the U.S. Bankruptcy code to protect the interests of all our creditors and shareholders."

Full Story:
www.leasingnews.org/archives/March%202006/03-10-06.htm#summit

TODAY

Mr. Kevin Duffy, Sr.
Whereabouts Unknown Today

 




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Classified Ads---Collections

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


Long Grove, Illinois

Financial services professional with a proven track record of positively impacting corporate finances through effective management of cash flow, collections and financial assets. Strategic thinker capable of analyzing financial issues and processes in order to implement changes that improve efficiency and profit margins. Well-versed in all aspects of corporate financial affairs. roborgaard@aol.com | Resume


Free Posting for those seeking employment in Leasing
http://www.leasingnews.org/Classified/Jwanted/Jwanted-post.htm

All “free” categories “job wanted” ads:
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm



 

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Former Marks & Associates Employee to Head
Renasant Bank Equipment Financing Division


Patricia "Patti" Toro Reid, formerly Managing Director - Leasing and Equipment Finance of RBC Bank (USA), named to head the Equipment Financing Division of Renasant Bank, Birmingham, Alabama, covering the four states of Alabama, Georgia, Tennessee and Mississippi.

“Patti” Reid
Sr. V.P.

Reid has 33 years of experience in the banking and equipment finance industry.  Most recently, Reid practiced law with the very well-known bank/finance/leasing law firm Barry Marks & Associates, PC (1); engaging in transactional work concentrated in equipment leasing, contract negotiation, and documentation. Prior to graduating law school, Ms. Reid worked for 30 years in equipment finance, first at CIT, then as an officer of SouthTrust Bank, and later as senior vice president in charge of middle market finance for AmSouth Bank.


Montise Waldrep
Sr. VP/Operation Mgr.

Waldrep brings more than three decades of experience managing the operational aspects of bank leasing companies. Prior to joining Renasant, she was SVP Operations Manager, Regions Equipment Finance Corporation, joining the firm in 1982.


Jimmy Snider
Vice-President/Commercial Relationship Mgr.

Snider has worked in banking and the equipment finance and leasing industry for more than 30 years. Prior to joining Renasant Bank, he was SVP Commercial Banking, SouthPoint Bank (April 2012–September 2013); Vice President / Commercial Bank Account Executive, PNC Bank [formerly RBC Bank] (March 2009–April 2012 ); SVP Commercial Equipment Leasing, CB&S Bank (2007–2009); SVP Commercial Equipment Leasing, Peoples Bank (2005–2007) Leasing Partner - GVP, SouthTrust Bank (1985–2005 ).
www.linkedin.com/pub/jimmy-snider/28/704/420

It is not known at this time if Renasant Bank Equipment Finance will be accepting third party originations.


Barry Marks, Esq.

  1. In his latest newsletter, Barry Marks also announced, "Patti Reid has completed her tenure with us and will be moving on to head up a new equipment finance operation at Renasant Bank. We anticipated that Patti would be with us for 1 to 2 years and, now that she has had a good taste of the legal side of the equipment finance business, she is in a position to wreak havoc on her competition (as well as to drive her attorneys crazy). Life is a learning experience and both Patti and I have gained a lot from her months with us."
    http://leasingnews.org/archives/Sep2013/9_03.htm#changes

     




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Beyond the Detroit Municipal Bankruptcy Headlines
by Thomas L Cadle, CLP


Facts are facts: Detroit filed the largest Municipal Bankruptcy in U.S. history on July 18, 2013 and it was validated by a U.S. Judge on December 3, 2013. This action has drawn questions from the National Media, opinion-makers, and a few financial analysts comparing other major cities from Chicago to Philadelphia, wondering if they will be next. These questions invite an in-depth look at the other entities and a major bond-rating agency says the comparison may not be apt.

The closer view of the demographics of each city tells completely different stories. Detroit has long been in decline, losing 60% of their population since the 1950’s as their debts have grown. In 2011 alone, more than half of the city’s 305,000 property owners failed to pay their property taxes, exacerbating the city’s financial crisis.

Chicago, on the other hand, does face ominous financial woes, especially its government worker pension debt, but the city has a vibrant tax base and economy. According to Standard & Poor’s Ratings Services, Chicago has the wherewithal to weather and survive the financial storm. Chicago can control its own fate and Detroit could not. Other major cities, while having problems similar to Chicago, do have the underlying strength as well to survive their current difficulties. As an example, Philadelphia has recently sold their municipally owned Gas Utility for $1.86 billion, thereby taking a step to stabilize the city’s finances while releasing the city from rising costs and financial risks.

We still maintain the view that the overall Municipal marketplace is a secure place for the investment community and that the market is continuing to evolve through the recent financial upheaval. It is our opinion that, short of another major recession, the market will continue to function properly. We do not see the isolated Municipal bankruptcies affecting the general health of the Municipal marketplace. What has changed is that the credit status of individual entities are being scrutinized more than in the past, but the current rates being offered to qualified credits remain very competitive.

Thomas L Cadle, CLP
Leasource Financial Services, Inc.
tcadle@leasource.com






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Leasing Industry Help Wanted

 


Orange, California
Legal Coordinator

Minimum 5 years' experience in legal collections.
The Legal Coordinator will be responsible
for collecting, coordinating and processing all
collections referrals of commercial loan agreements
to outside third party agencies and law firms.
Click here for more information.
 Please send resume and cover letter to: acole@quickbridgefunding.com

www.quickbridgefunding.com
Quick Bridge Funding provides working capital loans
to small and mid-sized companies throughout
the United States. With an innovative program
we provide capital to an to an under-served market.


Irvine, California Finance/Credit Analyst

Manage lease transactions through the entire credit review, documentation and funding process.
Direct contact with customers’ decision-makers, including CFOs, treasurers, and purchasing managers.
As “deal manager” analyst is responsible for interface with credit, sales, legal and documentation
For more informaton, please click here

www.calfirst.com


 

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Can and How Do I View My Personnel File”
Career Crossroad---By Emily Fitzpatrick/RII

 

Question: An employee is requesting their personnel file. What is the procedure?

Answer: Actually, if you are not familiar with the employment laws in your state, you should talk to an attorney, or you can do a search on giving employees access to their personnel file.

In most states, the employee has the right to view their personnel records kept by their employer.

State law guides Personnel File Access and rights vary from state to state. Therefore, employers should become familiar with the personnel file access laws for each state in which they employ individuals. A formal policy will prevent managers and HR staff from giving inaccurate information in response to employees’ requests for access.

The first step in developing a policy is to verify the laws for all the states in which the company employs people. A multi-state employer will want to make its policy flexible enough so it is applicable to all employees. A statement such as “...Access to personnel files will be provided according to state law …” is appropriate. Even if state law does not apply, there are issues that employers should consider in developing their policies, such as:

  • Can employees photocopy items

  • Is access granted to all employees or only to specific employees

  • Is there a procedure for employees to challenge information

  • Is there a limitation regarding confidential information? (Employees should not have access to confidential information, such as former employer reference checks and confidential investigations)

* This is an issue you will want to discuss with your
organization’s HR and/or Legal Departments *

Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone: 954-885-9241
Cell: 954-612-0567
emily@riirecruit.com
Invite me to Connect on LinkedIn
www.linkedin.com/pub/emily-fitzpatrick/4/671/76
Also follow us on Twitter #RIIINFO

Career Crossroads Previous Columns
http://www.leasingnews.org/Conscious-Top%20Stories/crossroad.html



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Leasing 102
by Mr. Terry Winders, CLP


Internal Revenue Service Vs. the Uniform Commercial Code

I have always said judging leases is like standing on a four corner intersection with a three car pileup in the middle. Each corner saw the same accident but from a different view. Thus it is with our rules and regulations: each rule has a different purpose. The Internal Revenue Service (IRS), charged with taxing profits, qualifying deductions, and collecting taxes, will only allow capital recovery benefits (depreciation) if the “intent” of the parties is to create a lease. In addition, the burden of proof rests with the taxpayer. How do you prove your lease is a lease? The IRS does not have to view the transaction as a lease in a tax audit; the taxpayer must prove the transaction is a lease.

Too many lessors think that if they have a Fair Market Purchase Option (FMV), the lease qualifies as a true lease for tax purposes. However, it is only one of the requirements and even then it is not always safe. If the cost to return the equipment is greater that the fair market value of the equipment, then the lessee has an incentive to purchase the equipment because it is cheaper and therefore has a “bargain option.” Also, you must know how the equipment is going to be used so you can prove that the term of your lease does not exceed 80% of the equipment’s useful life.

If the lease term exceeds 80% of the equipment’s useful life the IRS believes you have passed tax ownership because you have virtually nothing to recover and the lessee gained ownership by paying the lease payments. While there is no requirement to assume a residual, it is one of the elements of proof that shows that the equipment has value upon termination and you have a risk based on that value.

Another feature of the IRS rules is the question of the payments themselves. Does the required rent and any purchase option amount to the same amount the lessee would have paid on a loan to obtain title? If so, it appears that economically they are the same, so, the IRS believes it to be a loan.

The legal requirement for a lease to qualify for Article 2A, that is, to receive the protections that an “owner” should have instead of what a lender should receive under Article 9, looks a lot like the tax rules. However, the purpose of the legal approach is to establish “ownership” not intent. Does the lessor look and act like an owner? How do you prove ownership?

The 80% rule looks the same and has much of the same requirements as do tax rules because they both are concerned with passing title by the payments. If there is a defined purchase option, does it offer the lessee the opportunity to purchase the equipment at a bargain? Any defined purchase option must be for the reasonably predictable fair market value upon lease termination. This requires equipment use information and studies to prove that it is the best guess possible with current information. In addition, what language in the lease agreement protects the value of the equipment? If the equipment exceeds the intended amount of use, how are you compensated for the loss of value from “overuse”?

Article 2 protects the lessor from liability for equipment performance if the finance rules are followed and the lessee gets a copy of the supply contract. Tax rules have no interest in liability issues.

A true lease does not require the filing of a UCC-1 for legal protection but it remains a smart idea not only as a public notice that the lessee is using your equipment, but just in case the judge believes you have failed part of the requirements and rules that your transaction is an Article 9 loan.

While the tax and legal rules appear to be somewhat the same, they serve different concerns. Legal looks for ownership and the IRS looks to qualify income and deductions.

Mr. Terry Winders, CLP, has been a teacher, consultant, expert witness for the leasing industry for thirty years and can be reached at terrywinders11@yahoo.com or 502-649-0448.

He invites your questions and queries.

Previous #102 Columns:
http://www.leasingnews.org/Conscious-Top%20Stories/Leasing_102/Index.htm


Mr. Terry Winders available as Expert Witness. 35 years as a professional instructor to the top equipment leasing and finance companies in the United States, author of several books, including DVD's, as well as weekly columnist to Leasing News. He also performs audits of leasing companies as an expert on documentation, and has acted as an expert witness on leasing for litigation in legal and tax disputes, including before the IRS. He also has taught the senior bank examiners, how to review a bank leasing department, for the Federal Reserve in Washington D.C. and has trained the examiners for the FDIC on how to prepare a lease portfolio for sale.

Mr. Winders received his Master of Business Administration and his Bachelor of Science degrees from the College of Notre Dame.

502.649.0448/terrywinders11@yahoo.com

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

 

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Lease Servicing Pitfalls
By Tom McCurnin
Leasing News Legal News Editor

Product Surfaces Which Enables Lessor to Contract with
Third Party Servicer to Service Multiple Lease Assignment Obligations

When our firm does securitizations of lease pools, the investors typically like to have someone other than the original lessor service the pool. Many securitization agreements often have multiple layers of servicers, and sub-servicers, with the original lessor appointed as sub-servicer to serve at the whim of the investors. This isn’t the perfect situation for lessors and lenders, because the lenders lose control.

The problem with the typical servicing arrangements is that most servicers don’t want to get involved with a single lessor, and a handful of leases. Moreover, from the lessor’s prospective, the servicers are agents of the lender, and may have rights to offset the payment stream with other obligations owed to the lender. The lessor would like the ability to maintain some level of control over servicing, but still comply with the lender’s desire to have a third party service the obligations. Enter the “Master Payment Agreement” which may be the answer to small volume lease servicing. It is currently being offered by Wells Fargo Equipment Financing and MB Financial.

The concept is simple. The lessor has a payment stream from leases which have been assigned to one or more lenders for collateral purposes. The lessor retains the right to the residual and is obligated for personal property taxes on the equipment. Moreover, the amount of discount may be less than the payment stream and may entitle the lessor to a percentage of the lease payments as its profit. Therefore, the lessor retains the services of a servicer, called a “Paying Agent,” to collect lease payments from the lessee, and disburse the payment to its assignee-lender, with the excess funds being remitted to the lessor.

From the assignee lender perspective, the Master Payment Agreement is advantageous in that the lessor pays for the servicing charges (unlike a typical securitization) and, in smaller relationships, a Paying Agent makes more sense than a large, commercial servicer. But the challenge for the lender is making the servicing agreement absolute and irrevocable but not having the Payment Agent be construed as an agent of the lender. This insulates the lender from fraudulent conveyance and preference actions in bankruptcy court.

For the lessor, the challenge is reducing the amount of control the lender can exercise over the lender’s de facto agent, the Payment Agent, which surprisingly is not even a signatory to the agreement.

The challenges for the Payment Agent are to tilt the agreement toward the lender (because the lender will typically retain the Payment Agent) without having it seem like the Payment Agent is really the agent for the lender. If the lessor-assignor files bankruptcy in the middle of a payment stream, the Payment Agent does not want to get stuck repaying preference and fraudulent conveyance claims to the trustee.

So the question is, “Are Master Paying Agency Agreements Right For You?”

I’ll give you a lawyerly answer—It Depends on the Agreement. Whether the reader is a lessor, lender, or assignor, the agreements which I were furnished have problems inherent with many of the terms, due mainly to the fact that the agreement tries to be everything to everybody. A link to the two agreements is set forth below.

• First, I am used to seeing tripartite servicing agreements between the lessor-assignor, the lender-assignee, and the proposed servicer, similar to an escrow service. The Master Paying Agency Agreement is a one way agreement between the servicer and the lessor (Page 9). I would hope there is a counterpart agreement with the lender, but to date I have only seen the Master Agreement.

At least to me, this makes the Payment Agent an agent of the lessor, but the terms seem otherwise. For example, the lease assignment notice, Exhibit “B” specifically states that the Paying Agent is the agent of the lender.

• Second, there are some inherent conflicts in the agreement. Although the agreement gives the lessor the right to dispute payments to the lender (See ¶ 2(j)), the Payment Agent may also simply abide by the instructions of the lender (¶ 4(b)(3)). I became confused whether the servicing agreement was absolute or discretionary. The Rental Instruction Letter, Exhibit “C” seems to make the Agency Agreement irrevocable.

• Third, there are agency issues. Although the agreement disclaims an agency and fiduciary relationship(¶ 4(b)(6)), the fact remains that the Payment Agent is handling money of the lessee, lessor, and the lender which in and of itself creates an agency and fiduciary relationship. I know of no way to disclaim a fiduciary relationship when one if fact exists.

• Fourth, there is a lack of indemnity provisions for the Payment Agent. The lessor agrees to indemnify the Payment Agent, but there is no corresponding indemnity from the lender. If monies are disbursed to the lender within 90 days of a lessor bankruptcy, the indemnity against the lessor is worthless. I think the Payment Agent would be well served to have a traditional tripartite servicing agreement with broad indemnity provisions in the event the Payment Agent is sued by the lessor’s trustee for a preference or fraudulent conveyance.

• Fifth, the MB agreement contains a provision which allows the Payment Agent to refuse to disburse any monies once the lessor has filed bankruptcy (¶ 10). This provision is not present in the Wells Fargo agreement. Why this provision was inserted is unclear, but I can see its value for the Payment Agent in the event of a bankruptcy preference action, which allows the Payment Agent to wait for an appropriate court order. But as stated above, to the extent that monies have already been distributed, and a preference action is brought by the lessor’s trustee, the Payment Agent is simply left without recourse. There may be a slight chance of demanding repayment against the lender in a vague sentence in the “Rental Instruction Letter” Exhibit “C.”

• Sixth, there is no breach, default or attorney fees provisions. Granted, I represent banks, and they never have breached a contract, but wouldn’t the lender want the unilateral right to change servicers, especially upon default?

• Last, from the lessor’s perspective, there is no provision in the agreement for payment of the residual, which is typically not assigned to the lender, or if assigned, is returned to the lessor upon satisfactory payment by the lessee.

So, are these Master Paying Agency Agreements right for you

As a lessor, perhaps this program makes sense, especially if it is a requirement by the lender. The lessor should retain qualified counsel to flyspeck these agreements to protect its rights to the residual.

As a lender, yes they seem to fill the bill, with some distinct advantages of not having to pay for servicing fees, and perhaps having some bankruptcy preference protection omitted from the document. If I represented the lender, I would want the ability to unilaterally change the Paying Agent, designating specific deadlines by which to remit the funds, and a to deem a termination for default.

As a servicer, the program has some inherent risks in the area of bankruptcy preferences, and without a direct indemnity right against the lender, exposes the Paying Agent to potential liability from bankruptcy trustees. Unlike a standard servicing agreement, the Paying Agent is not allowed to assert claims against the monies it holds in defense of claims by the lender, lessor or a third party. Unlike traditional servicing agreements, there is no right to indemnity.

The bottom line is that this agreement appears to be an attempt at trying to simplify a complex area without any of the traditional representations and warranties offered by traditional servicing agreements. I for one would opt for a traditional servicing agreement.

Master Payment Agency Agreement #1
http://www.leasingnews.org/PDF/MasterPaymentAgency2_32014.pdf

Master Payment Agency Agreement #2
http://www.leasingnews.org/PDF/MasterPaymentAgency1_32014.pdf

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
Email: tmccurnin@bkolaw.com
Visit our web site at www.bkolaw.com

Previous Tom McCurnin Articles:
http://www.leasingnews.org/Conscious-Top%20Stories/leasing_cases.html




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Leasing News Advisor
Hugh Swandel


Hugh Swandel
Senior Managing Director - Canada
www.thealtagroup.com
204.477.0703 direct
204.996.4844 mobile
hswandel@thealtagroup.com

Hugh Swandel is the senior managing director of The Alta Group in Canada. The Alta Group is a global consultancy practice specializing in the asset based finance industry. Mr. Swandel is well known to the industry and a frequent speaker at industry events and a current member of the Canadian Finance and Leasing Association board of directors. During recent years Hugh Swandel has assisted many top Canadian industry firms on a variety of projects including market entry studies, acquisitions, due diligence, funding and strategic planning.

With extensive North American contacts in the equipment finance and leasing industry, Hugh has a strong reputation as an effective negotiator of win/win agreements involving mergers and acquisitions, business development, market entry, operations and analysis, securitization and other matters of importance to lessors.

Hugh is on the boards of directors of the Canadian Finance and Leasing Association (CFLA) and is the immediate past President of the National Equipment Financing Association (NEFA, USA). He also is a member of the Equipment Leasing and Finance Association of America (ELFA).

In 2006 and again in 2010, Hugh received the Canadian leasing industry’s highest honor when he was named “CFLA Member of the Year.” In 2010 Mr. Swandel was also named President and a member of the Executive Committee of the National Equipment and Finance Association in 2011. He is a frequent speaker at industry conferences and has had several articles published in leading industry magazines.

During the Global Credit Crisis Hugh was retained by the Canadian Finance and Leasing Industry to prepare materials and provide insight into the impact of the credit crisis on Canadian independent finance companies. Mr. Swandel presented to the advisory committee to the Minister of Finance and was later asked to provide commentary to the CD Howe Institute at policy development discussion with government and industry representatives. Mr. Swandel has also been a presenter at industry conference, published in numerous industry magazines and co-authored a research document for the Equipment Leasing and Finance Foundation on the Canadian Market.

Prior to founding his consulting firm, Swandel and Associates, in 2001, Hugh served as president and chief operation officer of Electronic Financial Group (EFG). EFG was a Canadian company that launched a multi lending web based credit system. Earlier, Hugh spent 10 years with National Leasing Group in a variety of senior positions. National Leasing Group is Canadian lessor that has won numerous awards for excellence in management and innovation. 


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Top Stories March 3--March 7
(You May Have Missed One)


Here are the top stories opened by readers:

(1) US Attorney Indicts EAR President Mark Anstett and Two Others for $100 Million Leasing Fraud Update Follows Press Release
http://leasingnews.org/archives/Mar2014/3_03.htm#us

(2) Bitcoin firm CEO jumped from 25-story building to her death
http://nypost.com/2014/03/06/bitcoin-firm-ceo-jumped-to-her-death-neighbor/

(3) Leasing Veteran Chuck Thorn Passes Away
http://leasingnews.org/archives/Mar2014/3_05.htm#thorn

(4) Comptroller of Frontier Leasing Embezzles $4.9 Million
http://www.koamtv.com/story/24862053/comptroller-of-frontier-leasing-embezzles-49-million

(5) New Hires---Promotions
http://leasingnews.org/archives/Mar2014/3_07.htm#hires

(6) “Evergreen Clause”—the Danger of Automatic Renewal
http://leasingnews.org/archives/Mar2014/3_05.htm#evergreen

(7) Equipment Finance Firms Exhibit Slight Caution
http://news.thomasnet.com/
http://leasingnews.org/archives/Mar2014/3_05.htm#caution

(8) Tax Proposal Talk Affects Leasing
by Shawn Halladay, The Alta Grouphttp://leasingnews.org/archives/Mar2014/3_03.htm#tax

(9) Archives---March 7, 2002
Total Funding Scales Down (story in progress)
http://leasingnews.org/archives/Mar2014/3_07.htm#archive

(10) Safeway Sale Could Rattle U.S. Ranks
http://www.progressivegrocer.com/top-stories/headlines/national-supermarket-chains/id41107/expert-column-safeway-sale-could-rattle-u-s-ranks/

 

(Leasing News provides this ad as a trade for investigations
and background information provided by John Kenny)

 

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Spring Forward---Taking Bode for a Walk Sunday


El Camino Grande

The weather here in Saratoga, California, has been sunny and warm the last few days. Turning the clock an hour ahead means more sunshine, as well as welcoming Spring early as it has been in the mid-seventies.

I walked Bode in the morning as it was to get hotter during the day.

In my last report walking Bode off leash, I included photos of trees in bloom, and now so are the flowers. Also, the green plants have new growth on them. Here are some photo’s taken with my Droid along our walk.

Panorama Drive

El Camino Grande

El Camino Grande

Monte Vista

Monte Vista


Monte Vista

End of our walk at Montewood Drive

Here is an up-date of the rose bud in our bar front patio from my February 25th report.



The temperature climbed to 83 degrees by late afternoon. It almost feels more like the early beginning of summer here in Saratoga than the end of winter.

Kit Menkin


Small Tree off our back yard patio



Working Capital Loans $10,000-$250,000

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Labrador Retriever/Shepherd Puppy
Birmingham, Alabama Adopt-a-Dog



Birch
ID#: 139336
Labrador Retriever/Shepherd
Male
Three Months Old

Greater Birmingham Humane Society
Contact:
http://www.adoptapet.com/pet/10424556-birmingham-alabama-labrador-retriever-mix
Phone: (205) 942-1211
Fax: (205) 942-1213
E-mail: contactus@gbhs.org
Website: http://www.gbhs.org
Address: 300 Snow Drive
Birmingham, AL 35209


Adopt a Pet

http://www.adoptapet.com/

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Fernando's View
By Fernando F. Croc

A muscular thriller ("Non-Stop") and a lovely animated saga ("The Wind Rises") are this week's contrasting new releases, while sports dramas ("Rush"), wild action ("Machete Kills") and exquisite remembrances ("The Long Day Closes") come to DVD.

In Theaters:


Non-Stop (Universal Pictures): Having recently cornered the market on middle-aged action heroes with "Taken," "Unknown" and "The Grey," Liam Neeson continues his muscular run with this enjoyable, frequently ingenious thriller. Neeson stars as Bill Marks, an air marshall who sees his skills suddenly tested in the middle of a transatlantic flight from New York to London. Hopes for an uneventful voyage are dashed as soon as he receives an anonymous text message threatening to harm the people onboard unless the airline transfers a fortune into a mysterious account. From then, it's his claustrophobic mission to sniff out the culprits behind this scheme, with only a fellow passenger (Julianne Moore) to support him. Resourcefully directed by Jaume Collet-Serra, it's a fleet and entertaining ride that benefits greatly from sly humor and Neeson's taut presence.


The Wind Rises (Touchstone Pictures): The man behind such modern classics as "Princess Mononoke" and "Spirited Away," Japanese animator Hayao Miyazaki has announced his retirement after this project. We can only hope that it's not really his final film, but, if it is, he could not have gone out on a more graceful note. Unfolding over the course of many years, the story follows the life of real-life designer Jiro Horikoshi (voiced, in the new dubbed version, by Joseph Gordon-Levitt), who since his flight-obsessed childhood dreamed of working on flying machines. It's the film's gentle irony that, when his dream does come true, it is to put together Japanese fighter planes during WWII. Offering plenty of Miyazaki's trademark mix of soaring fantasy and pure feelings, this is a beautifully realized, poignantly personal tale about the artist's place in a changing world.

Netflix Tip: Always stylistically inventive and emotionally complex, Alain Resnais (1922-2014) kept making astonishing films for six decades. In tribute to this cinematic master, check out Netflix for his best works, which include "Night and Fog" (1955), "Hiroshima, Mon Amour" (1959), "Last Year at Marienbad" (1961) and, more recently, "Wild Grass" (2009) and "You Ain't Seen Nothin' Yet" (2012).

On DVD:

Rush (Universal): Oscar-winning director Ron Howard ("Apollo 13," "A Beautiful Mind") serves up another true-story crowd-pleaser with this gripping sports drama. Set in the 1970s, the story details the rivalry between two professional race car drivers, glamorous English playboy James Hunt (Chris Hemsworth) and Austrian perfectionist Niki Lauda (Daniel Bruhl). Following their exploits in and out of the racing strip, the film chronicles their relationships to their girlfriends (played by Olivia Wilde and Alexandra Maria Lara) as well as the grudging mutual respect that gradually develops between them as they risk their lives behind the wheel. A sturdy character study that doubles as a rousing look at dangerous competition, the film should put Howard back on the prestige path after his recent string of box-office missteps.


Machete Kills (Universal): With this sequel to "Machete," writer-director Robert Rodriguez cements his position as a prodigious purveyor of giddy, knowingly schlocky entertainment. The inimitable Danny Trejo returns as Machete, the deadly super-agent who's forcibly brought out of retirement by the government for one more mission. This time, he's persuaded by the U.S. President himself (Charlie Sheen, in one of the film's many cheeky cameos) to slash his way through the harsher corners of Mexico in search of a pair of villains (Demian Bichir and Mel Gibson) who plan to launch missiles into space. Often bordering on the delirious, the plot is really just an excuse for Rodriguez to orchestrate a string of breathless, hilarious stunts and confrontations, backed by a cast that includes Antonio Banderas, Cuba Gooding Jr. and even Lady Gaga.


The Long Day Closes (Criterion): A cinematic poet of longing and remembrance, British director Terence Davies specializes in achingly personal films, many set in his hometown of Liverpool. Possibly his greatest film, this 1992 drama envisions Davies' childhood as a mosaic of vibrant songs, classic movies and flowing memories. His prepubescent stand-in is a boy named Bud (Leigh McCormack), who, despite his loving family, struggles with loneliness and melancholia at home and at school. The theater provides a magical portal for him, as Bud escapes from his often dreary reality with flights of fantasy that bring out his imaginative side. Less a straightforward narrative than a wondrously subjective study of a budding artist's psyche, this visually unorthodox, profoundly moving picture remains of the best releases of the 1990s, and a must-see for cinema lovers.

 

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Birmingham, Alabama
The lawyers of Marks & Associates, P.C. have over 30 years experience in dealing with virtually every type of equipment financing and are recognized throughout the industry for prompt, practical solutions and exemplary service. They offer cost-conscious, effective lease enforcement and good counsel. 
Email: Barry@leaselawyer.com
Website: www.leaselawyers.com
California, National: city: Riverside 
Ellen Stern - get results, reasonable pricing; numerous industry contacts, nearly 30 yrs exp.in SoCal, 20 yrs equip.: CFL license specialist, documentation, work-outs, litigated collections, recoveries; deal-maker. 
Email: leaselaw@msn.com

Kenneth C. Greene




California & Nevada
Leasing and Financial consultant, active in several leasing
associations, as well as involved in music and film productioncin LA.  Mention "Leasing News" for a free consultation.
415-858-97111
Skype: 424.235.1658
or kenlaw100@gmail.
Connecticut, Southern New England: 
EVANS, FELDMAN & BOYER, LLC Collections, litigation, documentation, portfolio sales and financing, bankruptcy. We represent many of the national and local leasing companies doing business in this state. Past chairman EAEL legal committee. Competitive rates. 
email: rcfeldman@snet.net  
Los Angeles, Southern CA 
Seasoned attorney representing secured creditors in auto finance and truck/equipment lease industry.  Bankruptcy and State Court litigation.   Vincent V. Frounjian (818) 990-0605or email: vvf@pacbell.net.

Encino, California: Statewide “ELFA” 
Hemar, Rousso & Heald, LLP 30 yr excellent reputation Lessor representation commercial litigationdebt collection, and bankruptcy.
Call Stephen E. Jenkins Esq (818) 501-3800

Los Angeles, Statewide: CA.     "ELFA" Aggressive creditors rights law firm specializing in equipment leasing handling collection matters on a contingency, fixed fee or hourly cbasis.
email:RGarwacki@prodigy.net 

Los Angeles -statewide: CA      "ELFA"
Practice limited to collections, bankruptcy and problem accounts resolution. Decades of experience. 10-lawyer firm dedicated to serving you. Call Ronald Cohn, Esq. (818)591-2121 or email. Email: rrcohn@aol.com   


Los Angeles- Statewide, CA
Lawyer specializing in banking and leasing issues statewide. Documents and litigation. 
Tom McCurnin, Barton, Klugman & Oetting. Voice: (213) 617-6129 
Cell:(213) 268-8291
Email: 
tmccurnin@bkolaw.com
 

Long Beach, CA 
Wagner & Zielinski,  successfully representing lessees/ lessors.  Not a member of any leasing organization, therefore not beholden to special interests.  Richard Wagner 
(562) 216-2952 
www.wzlawyers.com

California & National
Paul Bent – More than 35 years experience in all forms of equipment leasing, secured lending, and asset based transactions. Financial analysis, deal structuring, contract negotiations, documentation, private dispute resolution, expert witness services. (562) 426-1000.
www.paulbentlaw.com

Illinois
Trabaris, P.C.: Finance attorney with 24 years’ experience with transactional, documentation, secured financing and workouts/restructurings.  Kevin Trabaris.  Phone:  847-205-4377.  Email:kevin@trabaris.com
Website: www.trabaris.com.   Blog:
http://www.trabaris.com/info/blog/

Law Firm - Service, Dallas, TX. "ELFA"
Mayer regularly practices in leasing, secured financing, project development and finance and corporate finance. 
email: dmayer@pattonboggs.com
Website: 
www.pattonboggs.com
National:  The OMEGA Network Group-nationwide legal representation of small and mid ticket equipment lessors-flat fee bankruptcy & replevin, contingent collection, 
billable litigation (704-969-3280)
tong_92@yahoo.com

National: Coston & Rademacher: Business attorneys serving the lease-finance industry since 1980. Transactional, documentation, corporate/finance, workouts, litigation, bankruptcy, portfolio management. Chicago-based national practice. Jim Coston, CLP (Members: ELFA, NEFA). 
email: Jcoston@costonlaw.com
Website:www.costonlaw.com

St. Louis County , MO. - statewide: 
Schultz & Associates LLP., collections, negotiation, and litigation. Also register and pursue recovery on foreign judgments. Contingency and reasonable hourly rates. 
Ronald J. Eisenberg, Esq.
(636) 537-4645 x108 
reisenberg@sl-lawyers.com
www.sl-lawyers.com
NJ,De,Pa: Specializing in leased equipment/secured transactions. Collections, replevins/workouts reasonable rates. Sergio Scuteri/Capehart & Scratchard, PAsscuteri@capehart.com / www.capehart.com
New York and New Jersey
Peretore & Peretore, P.C. documentation, portfolio purchase & sale, replevin, workouts, litigation, collection, bankruptcy.  Aggressive. Over 25 years experience.www.peretore.com

Thousand Oaks, California: 
Statewide coverage Spiwak & Iezza, LLP 20+ years experience,Representing Lessors banks in both State/ Federal Courts/ all aspects of commercial leasing litigation.
Nick Iezza 805-777-1175
niezza@spiwakandiezza.com

 

Irvine, California Finance/Credit Analyst

Manage lease transactions through the entire credit review, documentation and funding process.
Direct contact with customers’ decision-makers, including CFOs, treasurers, and purchasing managers.
As “deal manager” analyst is responsible for interface with credit, sales, legal and documentation
For more informaton, please click here

www.calfirst.com

 

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News Briefs----

Bitcoin refuses to flip: Virtual currency stays strong
---despite bankruptcies, gyrating rates
http://www.washingtonpost.com/business/technology/bitcoin/2014/03/08/

JPMorgan whistleblower gets $63.9 million in mortgage fraud deal
http://www.chicagotribune.com/business/sns-rt-us-jpmor

The Trouble with Calculating Cold Weather's Bite on the Economy
http://www.businessweek.com/articles/2014-03-06/the-trouble-with-calculating-cold-weathers-bite-on-the-economygan-whistleblower-20140307,0,6528506.story

Tablet market growth slows as users shy away from upgrades
http://www.totaltele.com/view.aspx?ID=485695&mail=1219&C=0

 


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--You May Have Missed It

Payments and the Postal Service
http://blog.matthewgoldman.com/post/76333564466/payments-and-the-postal-service

(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)



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SparkPeople--Live Healthier and Longer



Mobile Aps for SparkPeople
http://www.sparkpeople.com/mobile-apps.asp

 

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Winter Poem

Shortcut Through the Storm 

by Robert Savino 

There were too few roads.
There were too many motorists.
My choice was longer in distance,
but far less travelled.

I took a shortcut through the storm,
crawling over the black-iced asphalt,
too close behind Boyd’s black flower car,
in the dreary pitch of Ocean Parkway.

Storm clouds shifting and changing,
pass over, so low, engulf my presence.
I exit in an angel’s breath,
a winged spirit of the Great South Bay,

greeted by Moses at the foot of the bridge,
moments from home and the neon lights
of strip mall shops, that brighten the bus
stop at the corner of Oak Neck Road.

Minutes pass slowly within these hours.
Sounds of snow plows wake me from sleep.



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Sports Briefs----

Lions owner William Clay Ford Sr. dead at 88
http://www.crainsdetroit.com/article/20140309/NEWS/140309860/lions-owner-william-clay-ford-sr-dead-at-88#

Joakim Noah fires up Bulls, dad in win over Heat
http://www.chicagotribune.com/sports/basketball/bulls/ct-bulls-heat-game-spt-0310-20140310,0,3040862.story

No shock: Wichita State will enter NCAA tournament 34-0
http://www.usatoday.com/story/sports/ncaab/mvc/2014/03/09/college-basketball-wichita-state-shockers-undefeated-34-0-champions/6233387/

Oakland's teams stuck at Coliseum complex
http://www.contracostatimes.com/tim-kawakami/ci_25304372/kawakami-oaklands-teams-stuck-at-coliseum-complex




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California Nuts Briefs---

California drought: More than 255,000 homes and businesses still don't have water meters statewide
http://www.marinij.com/ci_25303957/california-drought-more-than-255-000-homes-and

Guide Dogs for the Blind in San Rafael hires new CEO after supporters push for new leadership
http://www.marinij.com/marinnews/ci_25298396/guide-dogs-blind-san-rafael-hires-new-ceo

Former road rocker now on the streets
http://www.pressdemocrat.com/article/20140309/articles/140309577


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“Gimme that Wine”

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

Sonoma Wine Country Weekend Community Contribution Celebration
http://www.pressdemocrat.com/gallery/gallery/20140307.307009997.html

Jackson Family Wine President
http://www.just-drinks.com/interview/jackson-family-wine-president_id113038.aspx

Finger Lakes Dry Rose Promotion
http://www.fltimes.com/lifestyle/article_b2b374b6-a548-11e3-919f-001a4bcf887a.html

Idaho’s having a wine time
http://seattletimes.com/html/pacificnw/grapevinexml.html

Let’s stop a bad thing from happening for a good reason: saving a historic California vineyard
http://wineoscope.com/2014/03/06/lets-stop-a-bad-thing-from-happening-for-a-good-reason-saving-a-historic-california-vineyard/


Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Winery Atlas
http://www.carterhouse.com/atlas/\

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm


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This Day in History

    1656 - In the colony of Virginia, suffrage was extended to all free men regardless of their religion.
    1681 - English Quaker William Penn received a charter from Charles II, making him sole proprietor of colonial American territory of Pennsylvania.
    1769 - Philadelphia merchants finally agree among themselves to support an intercolonial no importation movement. Effective 1 April, they ban the import of nearly all British trade goods until the Townshend Acts are repealed.
    1775 - The Transylvania Company sends Daniel Boone and 30 woodchoppers to cut the Wilderness Road from Fort Wautauga to the mouth of the Kentucky River.
    1776 - "Common Sense" by Thomas Paine was published. 
    1776- Charleston S.C., set up an independent government under a temporary local constitution that was to be in effect until an agreement with England could be reached. John Rutledge was chosen president. This government, said to be the first independent government within the recognized borders of the colonies, successfully defended Charleston against the British army and fleet on June 28, 1776, thus freeing the South from attack for nearly three years. Culture was also flourishing here and in New York City, Philadelphia, and Boston, but most of all in Charleston. In the mid-eighteenth century, musical concerts were flourishing in the colonial centers, and musical societies, music dealers, and instrument makers all benefited. The first music society in America was founded in Charleston, the St. Cecilia Society, in 1762. In Europe, Charleston was considered the chief cultural center of the colonies, and many artists, actors, and musicians chose to settle there when they immigrated to America. Other cities could boast of cultural achievements as well. In Boston, a group of gentlemen sponsored a concert in Faneuil Hall as early as 1744, and in 1754, the first concern hall in Boston was opened by Gilbert Dubois. Philadelphia boasted four organ makers who produced spinets and virginals as well as organs.
“In 1762, the women of Charleston founded the St. Cecilia Society as a musical organization; however, by the 1840's, the society had become more of a cotillion club than an organization to provide quality music to the socially refined. The society held their largest ball annually during February, just before Lent, in Hibernian Hall on Meeting Street. A contemporary remarked, "the membership remains exclusive and its affairs somewhat secret." Even today, the club remains secretive and its historical records and membership lists remain off-limits to non-members.”
http://www.ego.net/us/sc/myr/history/riceles.htm 
    1849-Besides being an attorney, Abraham Lincoln was an inventor, as on this day he received a patent for a device for “buoying vessels over shoals” by means of inflated cylinders.
    1854-Hallie Quinn Brown, women's right activist, born Pittsburgh, PA.
    1862-The first paper money was issued in the US on this date in 1862. The denominations were $5 (Hamilton), $10 (Lincoln), and $20 (Liberty). 
    1864-Gen. Ulysses S. Grant was made General-in-Chief by Pres. Lincoln, replacing Gen. Henry W. Halleck.
http://www.mscomm.com/~ulysses/
http://memory.loc.gov/cgi-bin/ampage?collId=mcc&fileName=017/page.db&recNum=
0&itemLink=D?mcc:4:./temp/~ammem_pRfu::

http://memory.loc.gov/ammem/cwphtml/cwgrant.gif
    1865- Battle of Monroe's Crossroads, North Carolina, one of the largest Calvary battles of the war between two flamboyant generals. The main Confederate assault was at dawn and against a poorly guarded and sleeping Union camp. In command of the Confederate forces were Lt. Gen. Wade Hampton and Maj. Gen. Joseph Wheeler, who were operating together for the first time.  The battle was on the grounds of the present day Fort Bragg Military Reservation. Involving about 4,500 men, it pitted mounted Confederate cavalry against dismounted Union cavalry. It was one of the last all-cavalry battles of the Civil War. The inconclusive fighting lasted for several hours early on the morning of March 10, 1865. The Confederate attack delayed the Federal cavalry's movement toward Fayetteville, denying Brevet Maj. Gen. Hugh Judson Kilpatrick the honor of entering the town first.

http://www.cr.nps.gov/seac/cavclash.htm
http://www.cr.nps.gov/seac/mcattack.htm
http://www.bragg.army.mil/culturalresources/monroe's_crossroads.htm
http://www.townofaberdeen.net/MalcolmBlue_FarmskillsFestival.htm
    1867- Lillian D. Wald birthday. American sociologist and founder of the Henry Street Settlement at New York City. The Henry Street Settlement was the first nonsectarian public health nursing service. Born at Cincinnati, OH. Died at Westport, CT, Sept. 1, 1940.
    1876- Alexander Graham Bell transmitted the first telephone message to his assistant in the next room: “Mr. Watson, come here, I want you,” at Cambridge, Massachusetts. Born at Edinburgh, Scotland, Bell acquired his interest in the transmission of sound from his father, Melville Bell, a teacher of the deaf. Bell’s use of visual devices to teach articulation to the deaf contributed to the theory from which he derived the principle of the vibrating membrane used in the telephone. Bells other accomplishments include a refinement of Edison’s phonograph, the first successful phonograph record, and the audiometer.
http://memory.loc.gov/ammem/today/mar10.html
    1880- Salvation Army Commissioner George Scott Railton and seven women officers landed at New York to officially begin the work of the Salvation Army in the United States.
    1903-Playwright and politician Clare Booth Luce born at New York City. Luce wrote for and edited Vogue and Vanity Fair, as well as writing plays, three of which were later adapted into motion pictures---“The Women” (1936), “Kiss the Boys Goodbye” (1938) and “Margin of Error” (1939). She served in the US House of Representatives (1943-47) and as Ambassador to Italy (1953-56)---the first woman appointed ambassador to a major country. Luce died Oct 9, 1987 at Washington, DC.
    1903 –Birthday of legendary trumpet player Bix Beiderbecke.
http://www.redhotjazz.com/bix.html 
http://www.citypaper.net/articles/020702/mus.cds1.shtml
    1912 - The barometric pressure reached 29.26 inches at Los Angeles, CA, and 29.46 inches at San Diego, CA, setting all-time records for those two locations.
    1924- Guy Lombardo and the Royal Canadians made their first recordings at a session in Richmond, Indiana. Two songs were released on the Gennett label.
http://www.bigbandsandbignames.com/GuyLombardo.html
    1922 - Dodge City, KS, reported a record 24 hour total of 17.5 inches of snow.
    1924-Tenor sax/Trumpet player Bunny Williams born Magnolia, MS
http://www.alligator.com/artists/album.cfm?AlbumID=al2803&ArtistID=036
    1922-Dodge City, Kansas was buried under 17.5 inches of snow in 24 hours -- the city's biggest 24 hour snowfall on record
    1933 -Major earthquake in Long Beach CA
http://nisee.berkeley.edu/long_beach/long_beach.html
    1935 - On Victor Records, Nelson Eddy recorded "Ah! Sweet Mystery of Life". The song was from the film, "Naughty Marietta". Later, Eddy recorded the song with Jeanette MacDonald. 
    1937 - An audience of 21,000 jitterbuggers crowded the Paramount Theatre in New York City to see the ‘King of Swing’, Benny Goodman.
http://www.streetswing.com/histmain/z3jtrbg.htm
http://www.savoystyle.com/
    1937- Canadian country singer Tommy Hunter was born in London, Ontario. Hunter joined CBC TV's "Country Hoedown" in 1956 as rhythm guitarist with King Ganam's Sons of the West. "The Tommy Hunter Show" succeeded "Country Hoedown" on the CBC network in 1965. It became one of the most popular TV variety programs in the country, and received international exposure via The Nashville Network pay TV channel in the US. When the CBC cancelled "The Tommy Hunter Show" in 1992, it was the longest-running music show on any North American network. Hunter is known as "Canada's Country Gentleman," and has received several J no??? Awards as Canada's best male country singer.
    1938 – “Jezebel”, directed by William Wyler, opened in United States theaters. The film starred Bette Davis, Henry Fonda, George Brent, and Fay Bainter. Davis won her second Oscar as a ruthless Southern belle who goes too far to make fiancé Fonda jealous. Bainter received a Best Supporting Actress Oscar, and the film was nominated for a Best Picture Oscar. Bette Davis starred in a series of acclaimed films that won her Best Actress nominations for five consecutive years: “Jezebel” (1938), “Dark Victory” (1939), “The Letter” (1940), “The Little Foxes” (1941), and “Now, Voyager” (1942). In 1950, she won the New York Film Critics' Best Actress Award for her stunning performance as actress Margo Channing in “All About Eve”. Her career tapered off in the late 1950s but revived in 1962 with her leading role in "Whatever Happened to Baby Jane?” She spent most of the 1970s doing television work until cancer forced her to slow down. In 1977, she became the first woman to receive the American Film Institute's Life Achievement Award, and her filmography includes more than 80 works. She wrote two autobiographies, “The Lonely Life” in 1962 and “This 'N' That” in 1987, and has been the subject of many biographies. She died of cancer in 1989.
    1938 - The day: the 10th of the month. The movies being celebrated were for the year 1937, whose numbers add up to 10 (1+9, 3+7); and it was the 10th Annual Academy Awards. We wonder if these winners were superstitious or had some reason to think that the number 10 was lucky. Two awards were won by "The Life of Emile Zola", a Warner Bros. movie, produced by Henry Blanke: Best Picture and Best Actor in a Supporting Role to Joseph Schildkraut. Other lucky recipients of the coveted prize awarded by the Academy of Motion Picture Arts and Sciences at Los Angeles’ Biltmore Hotel were Leo McCarey as Best Director for "The Awful Truth"; Spencer Tracy for his Best Actor role (Manuel) in "Captains Courageous"; Luise Rainer for her Best Actress role (O-Lan) in "The Good Earth"; Alice Brady as the Best Actress in a Supporting Role (Molly O’Leary "In Old Chicago") and Harry Owens for his Best Music/Song, "Sweet Leilani" from "Waikiki Wedding".
    1939 - The Little Princess, starring Shirley Temple and based on Frances Hodgson Burnett's novel, opened in United States theaters.
    1940- Dean Torrance of the surfing music duo of Jan and Dean was born in Los Angeles. He went to the same high school I did, University High School in Los Angeles. He really was a “surfer.” In 1959, Dean and Jan Berry had their first top-ten hit, "Baby Talk," which was arranged by the then-unknown Herb Alpert. Their biggest success came in 1963 with the number-one song "Surf City," written by Brian Wilson of the Beach Boys. In 1966, Jan Berry suffered brain damage when his car rammed into a parked truck in Los Angeles. That ended Jan and Dean's career, although they have performed together occasionally since Berry's recovery in 1973. Dean Torrance turned to designing album covers as head of Kitty Hawk Graphics in Hollywood.
http://www.jananddean.com/
    1941 - The Brooklyn Dodgers announced their players would wear batting helmets for the 1941 season. General Manager Larry McPhail correctly predicted all baseball players would wear the new devices soon 
    1941---Birthday of American composer Gary Edwards, Spokane, WA. He has released five CDs including “The Coeur d’Alene Suite” (classical string orchestra), “Cast Out The Demons” (R&B style contemporary gospel), “Gary’s Country”, “TroubleClef”, a rock CD Gary’s Classical and formed Edwards Music Publishing.com Company which primarily releases his music. 
View his website at
http://edwardsmusicpublishing.com/cart/agora.cgi
to see and hear samples and order his finished musical works and books.
    1944 - Vibraphone player David Friedman born New York City
http://www.dmprecords.com/CD-503.htm
    1945 -ATKINS, THOMAS E.  Medal of Honor
Rank and organization: Private First Class, U.S. Army, Company A, 127th Infantry, 32d Infantry Division. Place and date: Villa Verde Trail, Luzon, Philippine Islands, 10 March 1945. Entered service at: Campobello, S.C. Birth: Campobello, S.C. G.O. No.: 95, 30 October 1945. Citation: He fought gallantly on the Villa Verde Trail, Luzon, Philippine Islands. With 2 companions he occupied a position on a ridge outside the perimeter defense established by the 1st Platoon on a high hill. At about 3 a.m., 2 companies of Japanese attacked with rifle and machinegun fire, grenades, TNT charges, and land mines, severely wounding Pfc. Atkins and killing his 2 companions. Despite the intense hostile fire and pain from his deep wound, he held his ground and returned heavy fire. After the attack was repulsed, he remained in his precarious position to repel any subsequent assaults instead of returning to the American lines for medical treatment. An enemy machinegun, set up within 20 yards of his foxhole, vainly attempted to drive him off or silence his gun. The Japanese repeatedly made fierce attacks, but for 4 hours, Pfc. Atkins determinedly remained in his fox hole, bearing the brunt of each assault and maintaining steady and accurate fire until each charge was repulsed. At 7 a.m., 13 enemy dead lay in front of his position; he had fired 400 rounds, all he and his 2 dead companions possessed, and had used 3 rifles until each had jammed too badly for further operation. He withdrew during a lull to secure a rifle and more ammunition, and was persuaded to remain for medical treatment. While waiting, he saw a Japanese within the perimeter and, seizing a nearby rifle, killed him. A few minutes later, while lying on a litter, he discovered an enemy group moving up behind the platoon's lines. Despite his severe wound, he sat up, delivered heavy rifle fire against the group and forced them to withdraw. Pfc. Atkins' superb bravery and his fearless determination to hold his post against the main force of repeated enemy attacks, even though painfully wounded, were major factors in enabling his comrades to maintain their lines against a numerically superior enemy force. 
    1945 - 300 United States B-29 bombers devastated Japan's capital in what became known as the Great Tokyo Air Raid in World War II. The firestorm they created killed 100,000 people.
http://history.independence.co.jp/ww2/eng/phtop.html
http://www.smh.com.au/articles/2002/04/11/1018333400535.html
    1948 -- Zelda Fitzgerald and eight other women were killed in sanitarium fire in Asheville, North Carolina. Trapped on the third story, she dies at 48. Both she and her husband were alcoholics, which affected her earlier than it did F. Scott. (here is corroboration of the date, but go back to the beginning and read the chronological series of her life to better understand their “condition.” Simply put: Once you become a pickle, you can’t go back to being a cucumber.)
More information of Zelda Fitzgerald
http://www.sc.edu/fitzgerald/zeldabib.html
http://www.zeldafitzgerald.com/chronology/chronology_30.asp
    1949—Top Hits
Far Away Places - Margaret Whiting
Powder Your Face with Sunshine - Evelyn Knight
Galway Bay - Bing Crosby
Don’t Rob Another Man’s Castle - Eddy Arnold
    1951-- Mario Lanza's "Be My Love" hits #1
    1955 -Trumpeting their new signing, RCA Victor places a half-page ad in Billboard announcing Elvis Presley as the "new singing rage."
    1956 - Louisa May Alcott's popular novel, “Little Women”, was again adapted for the screen, and opened in movie theaters on this date. This version starred June Allyson, Peter Lawford, Margaret O'Brien, Elizabeth Taylor, Janet Leigh, Rossano Brazzi, and Mary Astor. The film won an Oscar for Best Art Direction-Set Decoration, Color (1949). 
    1957—Top Hits
Young Love - Tab Hunter
Young Love - Sonny James
Round and Round - Perry Como
There You Go - Johnny Cash
    1959 - Tennessee William's play "Sweet Bird of Youth", opened at the Martin Beck Theatre in New York City, starring Geraldine Page, Paul Newman, Rip Torn and Diana Hyland. Critics called Page “fabulous” and said Newman was “the perfect companion piece.” 
    1959- Elvis Presley's "I Need Your Love Tonight" backed with "A Fool Such as I" is released on RCA Records. The following day, based on advanced orders for the disc totaling nearly one million, RCA ships a gold record for the platter to Elvis, who is stationed in Germany.
    1960 -a heavy snowstorm left 10 inches in Georgia, 22 inches in Tennessee, 24 inches in Kentucky and 15 inches in Virginia. Many buildings collapsed from the weight of the snow.
    1961- Twenty-two year old songwriter Jeff Barry whose "Tell Laura I Love Her" was a Top Ten hit for Ray Peterson, signs an exclusive writing and recording deal with Trinity Music. In 1962, he hooks up with Phil Spector and Shadow Moaton, and with his new wife Ellie Greenwich, they start cranking out the hits. They include "Da Doo Ron Ron" and "Then He Kissed Me" (Crystals), "Be My Baby" (Ronettes), "Chapel of Love" (Dixie Cups), "Do Wah Diddy" (Manfred Mann), "Leader of the Pack" (Shangri-Las) "River Deep , Mountain High" (Ike and Tina Turner), "Hanky Panky" (Tommy James) and "Cherry Cherry" (Neil Diamond).
    1962 - Bruce Channel's "Hey Baby" sat at the top of the Pop chart. 
    1965—Top Hits
My Girl - The Temptations
The Jolly Green Giant - The Kingsmen
Eight Days a Week - The Beatles
I’ve Got a Tiger by the Tail - Buck Owens
    1965 - Walter Matthau and Art Carney opened in one of Neil Simon’s greatest theatrical triumphs, "The Odd Couple", which would also become a television hit starring Tony Randall as the tidy Felix Ungar and Jack Klugman as slovenly sportswriter, Oscar Madison.
    1965-Heather Farr, golfer, born at Phoenix, AZ. Farr was an outstanding amateur golfer and a promising member of the LPGA tour when she was stricken with breast cancer in 1988. Radical treatment allowed her to fight the disease with great courage for five years without losing her spirit or sense of humor. In Farr’s honor, the LGPA annually present the Heather Farr Player Award to the golfer, “who, through her hard work, dedication, and love of the game of golf, has demonstrated determination, perseverance and spirit in fulfilling her goals as a player.” Died November 20, 1993.
    1966----FISHER, BERNARD FRANCIS Medal of Honor
Rank and organization: Major, U.S. Air Force, 1st Air Commandos. Place and date: Bien Hoa and Pleiku, Vietnam, 10 March 1966. Entered service at: Kuna, Idaho. Born: 11 January 1927, San Bernardino, Calif. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty. On that date, the special forces camp at A Shau was under attack by 2,000 North Vietnamese Army regulars. Hostile troops had positioned themselves between the airstrip and the camp. Other hostile troops had surrounded the camp and were continuously raking it with automatic weapons fire from the surrounding hills. The tops of the 1,500-foot hills were obscured by an 800 foot ceiling, limiting aircraft maneuverability and forcing pilots to operate within range of hostile gun positions, which often were able to fire down on the attacking aircraft. During the battle, Maj. Fisher observed a fellow airman crash land on the battle-torn airstrip. In the belief that the downed pilot was seriously injured and in imminent danger of capture, Maj. Fisher announced his intention to land on the airstrip to effect a rescue. Although aware of the extreme danger and likely failure of such an attempt, he elected to continue. Directing his own air cover, he landed his aircraft and taxied almost the full length of the runway, which was littered with battle debris and parts of an exploded aircraft. While effecting a successful rescue of the downed pilot, heavy ground fire was observed, with 19 bullets striking his aircraft. In the face of the withering ground fire, he applied power and gained enough speed to lift-off at the overrun of the airstrip. Maj. Fisher's profound concern for his fellow airman, and at the risk of his life above and beyond the call of duty are in the highest traditions of the U.S. Air Force and reflect great credit upon himself and the Armed Forces of his country.
    1967 -DETHLEFSEN, MERLYN HANS  Medal of Honor
Rank and organization: Major (then Capt.), U.S. Air Force. Place and date: In the air over North Vietnam, 10 March 1967. Entered service at: Royal, Iowa. Born: 29 June 1934, Greenville, Iowa. Citation: Maj. Dethlefsen was 1 of a flight of F-105 aircraft engaged in a fire suppression mission designed to destroy a key antiaircraft defensive complex containing surface-to-air missiles (SAM), an exceptionally heavy concentration of antiaircraft artillery, and other automatic weapons. The defensive network was situated to dominate the approach and provide protection to an important North Vietnam industrial center that was scheduled to be attacked by fighter bombers immediately after the strike by Maj. Dethlefsen's flight. In the initial attack on the defensive complex the lead aircraft was crippled, and Maj. Dethlefsen's aircraft was extensively damaged by the intense enemy fire. Realizing that the success of the impending fighter bomber attack on the center now depended on his ability to effectively suppress the defensive fire, Maj. Dethlefsen ignored the enemy's overwhelming firepower and the damage to his aircraft and pressed his attack. Despite a continuing hail of antiaircraft fire, deadly surface-to-air missiles, and counterattacks by MIG interceptors, Maj. Dethlefsen flew repeated close range strikes to silence the enemy defensive positions with bombs and cannon fire. His action in rendering ineffective the defensive SAM and antiaircraft artillery sites enabled the ensuing fighter bombers to strike successfully the important industrial target without loss or damage to their aircraft, thereby appreciably reducing the enemy's ability to provide essential war material. Maj. Dethlefsen's consummate skill and selfless dedication to this significant mission were in keeping with the highest traditions of the U.S. Air Force and reflect great credit upon himself and the Armed Forces of his country.
    1967- Sonny and Cher guest star as "Jerry and Ramona" on tonight's "The Hot Number Affair" episode of the NBC-TV spy spoof The Man from U.N.C.L.E.
    1968 -- César Chávez breaks his fast at a mass in Delano's public park with 4,000 supporters at his side, including Senator Robert Kennedy.

1968-A Green Beret camp was overrun by about 2000 North Vietnamese troops after a 72-hour siege. About 200 U.S. and South Vietnamese troops were killed or captured at the Special Forces base in the Ashau Valley.
    1969 - James Earl Ray was sentenced in Memphis, Tennessee, to 99 years in prison for the murder of Martin Luther King Jr. in April 1968. The King family believes he is not the one who pulled the trigger.
    1970 - The U.S. Army accuses Capt. Ernest Medina and four other soldiers of committing crimes at My Lai in March 1968. The charges ranged from premeditated murder to rape and the "maiming" of a suspect under interrogation. Medina was the company commander of Lt. William Calley and other soldiers charged with murder and numerous crimes at My Lai 4 in Song My village. The My Lai massacre became the most publicized war atrocity committed by U.S. troops in Vietnam. Allegedly, a platoon had slaughtered between 200 and 500 unarmed villagers at My Lai 4, a cluster of hamlets in the coastal lowlands of I Corps Tactical Zone. Only 14, including Calley and Medina, were eventually charged with crimes. All eventually had their charges dismissed or were acquitted by courts-martial except Calley, who was found guilty of murdering 22 civilians. He was sentenced to life imprisonment, but his sentence was reduced to 20 years by the Court of Military Appeals and further reduced later to 10 years by the Secretary of the Army. Proclaimed by much of the public as a "scapegoat," Calley was paroled in 1974 after having served about three years.
    1973- Pink Floyd's "Dark Side of the Moon" was released in America, where it would spend over 740 weeks on the chart. 
    1973—Top Hits
Killing Me Softly with His Song - Roberta Flack
Dueling Banjos - Eric Weissberg & Steve Mandell
Love Train - O’Jays
’Till I Get It Right - Tammy Wynette
    1977- Pink Floyd's album "Animals" was certified platinum - one million copies sold - in the US.
    1978- “The Incredible Hulk” premieres on TV. A wonderfully campy action series based on the popular Marvel comic books as well as a modern-day Jekyll and Hyde story. Bill Bixby played the erudite scientist, Dr. David Banner, who accidentally exposed himself to a gamma radiation. When provoked, Banner metamorphosed into the shirt-shredding, body-baring, green-skin, snarling Neanderthal Hulk. The 6’5” 275-lb former Mr. Universe, Louis Ferrigno, played the largely non-speaking part of the Hulk. 
    1978 - The Bee Gee's "Night Fever" moves into the #1 spot on the chart. It replaces another Gibb Brothers tune, "Stayin' Alive."
    1979 - Gloria Gaynor's "I Will Survive" hits #1
    1981 - New Denver Broncos owner Edgar F. Kaiser, Jr., named Dallas Cowboys offensive coordinator Dan Reeves head coach. In 12 seasons, Reeves took the Broncos to three Super Bowls and compiled a 117-79-1 record.
    1981—Top Hits
I Love a Rainy Night - Eddie Rabbitt
9 to 5 - Dolly Parton
Keep on Loving You - REO Speedwagon
Do You Love as Good as You Look - The Bellamy Brothers
    1982- known as the Jupiter effect, the much-talked-about and sometimes-feared planetary configuration of a semi-alignment of the planets on the same side of the sun occurred on this date without causing any of the disasters or unusual natural phenomena that some had predicted.

1983 – Singer Carrie Underwood birthday, born Muskogee, OK, 1983.
    1985 - The Dallas Mavericks' Dick Motta became the fourth coach in the National Basketball Association to win 700 games as the Mavs beat the New Jersey Nets 126- 113. The three other coaches in NBA history to have that many wins were: Red Auerbach (938 games), Jack Ramsey (733 games) and Gene Shue (717).
    1986 -Severe thunderstorms and tornadoes hit Indiana, Kentucky, and Ohio. A total of 19 tornadoes occurred. 3 of the tornadoes in Indiana reached F3 intensity (winds 158-206 mph). A densely populated subdivision of southeast Lexington, Kentucky was heavily damaged by a tornado. 20 people were injured and 900 homes were damaged or demolished. A very strong thunderstorm downburst hit the Cincinnati area. At the Greater Cincinnati Airport, windows were blown out of the control tower, injuring the 6 controllers on duty. At Newport, Kentucky, 120 houses were destroyed from winds estimated from 100 to 140 mph.
    1989—Top Hits
Lost in Your Eyes - Debbie Gibson
The Lover in Me - Sheena Easton
The Living Years - Mike & The Mechanics
I Still Believe in You - The Desert Rose Band
    1989 –Thirty-four cities in the central and southwestern US reported record high temperatures for the date. The high of 85 degrees at Hanksville, Utah was a record for March and Pueblo, Colorado equaled their March record of 86 degrees. Hill City, Kansas warmed from a morning low of 30 degrees to an afternoon high of 89 degrees.
    1990 - According to Billboard Magazine, New Kids on the Block receive 125,000 calls a day to their 1-900 number. 
    1990 - American Jennifer Capriati, at 13 years and 11 months, became the youngest player ever to reach the final of a professional tennis tournament, an event in Florida.
    1993-Giants Hire a Woman PA Voice: The San Francisco Giants made baseball history by hiring Sherry Davis to be the team’s public address announcer. Davis, a legal secretary, became the first woman PA voice in the major leagues after having done voice-over work since 1981.
    1993- Michael Jackson, in a live TV interview with Oprah Winfrey, said he had an inherited disorder that causes skin pigmentation to fade. He denied altering most of his face, but did admit to minor cosmetic surgery. Jackson also said he finds the comfort in children and animals that he missed in a friendless, workaholic childhood. In the wake of Jackson's first solo interview in nearly a decade, sales of his "Dangerous" album, released 14 months earlier, skyrocketed
    1995- Citing the labor unrest as the reason, former Chicago Bulls great Michael Jordan announces he is leaving baseball to return the NBA. 1997-“Buffy the Vampire Slayer” TV Premier. The popular WB show mixed B-movie horror with teen drama. Buffy Summers, played by Sarah Michelle Gellar, is a chosen slayer of vampires, but she still has to get through high school. The witty series was a spin-off of the 1992 film of the same name. After changing networks, the series ended in May, 2003.
    2003 - Cat Stevens, now known as Yusuf Islam, makes his first recording since leaving the business and becoming a Muslim in 1978, covering his own 1971 hit "Peace Train" in the wake of the 9/11 attacks. 
    2004 - When asked by Senator John McCain to renegotiate the major league baseball's contract in regard to the use of controlled substances, Donald Fehr refuses to comply. Although the union boss condemns the use of steroids, he believes the players oppose random drug testing as a violation of privacy, an argument countered by the Arizona republican as unacceptable and promised congressional action if the status quo…and we all know what has happened since!
    2008 - Pop diva Madonna, rocker John Mellencamp, singer/songwriter Leonard Cohen, British Invasion pioneers The Dave Clark Five and instrumental Rock legends The Ventures were inducted into the Rock and Roll Hall of Fame during a ceremony at New York's Waldorf-Astoria Hotel.



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