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Leasing Cases by Tom McCurnin

Can Lessors Rely on Electronic Signatures?  
MBF Leasing Prevails in Litigation over Forum Selection Clause  
Brican Assignee Wins Battle Over Floating Forum
Selection Clause in New Jersey
 
Balboa Capital Sued in Federal Court for Bait and Switch Sales Tactics
 
Leasing to Franchises
 

Classic Tom McCurnin on “Origin of Suretyship Defenses”
Robin Hood, The Evil Prince John, The Knights Templar,
 and the Magna Carta

 

Lessors Chastised by District Court In E.A.R. Case For Waiting
Three Years To Contest Jurisdiction
—Case Now At Issue With Answers Filed By Lessors

 

What is Leasing?
Legal Definitions by Leasing News Legal Editor Tom McCurnin

 

Captive Leasing Company Given a Big Break
by New York District Court

 
Handling Post Judgment Interest in a Lease  
What a Commercially Reasonable Sale Is
Regarding a Sale of Repossessed Equipment

 
New Mexico Bankruptcy Court Gives Lessor an
Administrative Claim for Lease Construction Equipment
 
Ollie the Golden Retriever Solves Murder Case  
Lessor Found Liable for Embezzlement in North Carolina Bankruptcy Court  
Illinois Voids Loan Because Lender Was Unlicensed  
Court Gives First Data Merchant Services a Pass in Class Action Suit
 
Sometimes Lawyers Give Themselves a Bad Name
 
Bank Refused Coverage on Banker’s Bond
for Sheldon Player’s Equipment Acquisition Resources
 
Are Accurint Reports a Consumer Credit Report?
Will This Change Their Use?
 
Case Gives New Meaning to a Businessman Getting
Screwed by the IRS

 
Lawsuit Over ACH Loan Payments Ruled Illegal, Now Headed for Trial  
Guarantor Loses Claim re: Lessor Overpayment
to Vendor for $100,000 Kickback to Lessee
 
Late Fees  
Broker’s Responsibility to Obtain California Lender’s License  
Debtor’s Use of Proceeds from Going Out of Business Sale to Pay Owner’s Wages Was Conversion and Resulted in Judgment Against Owner
 
This Case May Chill Assignments
 
Notes on Purchase Money Security Interests  
Secured Lender Loses Security Interest in Two Cranes
Which Are Sold Under its Nose
 
Iowa Court Upholds the Use of Dragnet Clause
 
Fed’s Operation Choke Point Goes After Pay Day Lenders and Other “Undesirable Customers”
 
Lessor Busted for Use of Floating Forum Selection Clause
 
Michigan Court Upholds Subordination to
Hard Money Equipment Lessor
 
Secured Creditor’s Use of Blanket Security Interest in Loan Agreement Pays Off in a Chapter 13 Claim Dispute
 
Court Rules that Slight Error of Debtor’s Name in UCC-1 Financing Statement Results in Creditor Having Unsecured Loan
 
Kentucky Court Strikes Lessor’s Guaranty
 
Debtor Can’t Terminate Security Interest of Lender
 
Court Holds that Indian Tribe May Conduct Business
as Pay Day Lender in California Without Securing Lender’s License
 
Lessor’s Confusion Perfecting Security Interest in
Motor Vehicle Results in Lessor Being Deemed Unsecured

 
Court Holds that Indian Tribe May Conduct Business as Pay Day Lender in California Without Securing Lender’s License
 
HSMC Sanctioned for Destroying Evidence of
Recorded Phone Calls in Privacy Action

 
Stress Tests for Mid-Sized Banks to be Relaxed  
Colonial Pacific Leasing Loses Summary Judgment
on Commercially Reasonableness of Sale of Leasing Equipment
 
Northern Leasing Brings up $2 Million Bond re:
Ascentium New York Court of Appeals Case
 
Northern Leasing Found to Have Diverted
Proceeds from Lease Servicing Pool
 
Drafting Leases for Commercially Reasonable
Disposition of Collateral
 
Sixth Circuit Affirms GE Capital’s Deficiency on Leased Trailers with Broad Form Guaranty  
Iowa Federal Court Rules Hurricane Sandy Does Not Excuse Lessee’s Obligations Under a GE Capital Copier Lease  
Dunning Letter on Time Barred Debt
is Actionable under FDCPA

 
Securitization Viable Procedure for Raising Capital
for Brokers and Other Leasing Companies
 
Another Creditor Gets Snagged by Failing to Return
Repossessed Collateral after the filing of Bankruptcy
 
California Court Strikes Down Default Provision for Single Late Payment  
Interim Rent: Proper Accounting Function for Short Term Advances --- Or Is It a Scam?  
New York Court Holds SLV Damage Provisions
in Lease to be Unconscionable
 
Usury and Choice of Law Provisions in Leases  
Borrower Tags Mortgage Service for Violation
of Soldiers and Sailors Relief Act
 
Four Oaks Bank Tagged by Regulators for Lack of Supervision Over Third Party ACH Processors  
Two Foreclosure Cases---
How Secured Credits Should Comply
 
Drafting Leases for Commercial Reasonable Disposition of Collateral  
Federal Express Tagged for Illegally Terminating Equipment Lease and Matter Is Subject to Class Certification  
Finally HL Leasing Scandal Coming to an End
And Investors May Get Money Back!
 
California Case Demonstrates Perils of Leasing
Restaurant Equipment to Franchisee
 
E.A.R. Case Takes Wrong Turn for Equipment Lessors  
Counterfeit Cashier’s Checks  
Involuntary Bankruptcies for Dummies  
US Bank/Lyon Financial Get Tripped up by Botched Confession of Judgment and Involuntary BK Filings Against Guarantor  
New York Courts Adopt California Pre-Litigation
Disclosure Requirement for Trade Secret Litigation
 
Balboa Capital Gets Tagged
For Alleged Dummy Docs
 
To Get Even, Securities Lawyer and Wife Plant Drugs
  in School Volunteer’s Car, But Face Trial Instead
 
De Lage Landen/Element Financial Settle Dispute
  --Original story by Tom McCurnin, Leasing News Legal Editor
 
Leasing Brokers: When May You Collect a Commission?  
California Federal Court throws Monkey Wrench
Into 5% Late Payment Fee Provision
 
Repossessing Vehicles: Three Cases
---Three Different Results
 
Texas Court Puts Road Block in Way of Servicer
Suing on Behalf of Creditor
 
Wells Fargo Equipment Finance Gets Derailed in Train Lease Litigation  
Short Sighted Equipment Lessors Which Repossess Prior to Bankruptcy Filing But Do Not Return Vehicle Tagged for Damages  
U.S. Bank Equipment Finance Awarded Tort Damages in Case Where Equipment Move to Mexico  
Letter of Credit’s Interpretation Limited to
Face of the Letter of Credit
 
Another Equipment Lessor Gets Sued
for Stealing Trade Secrets
 
DVI Fallout Continues Where Suit Against
Accountants is thrown Out
 
Balboa Tagged for Stealing Corporate Secrets  
Does Your Company Have a Policy for
B.Y.O.D. Cell Phone Use
 
Several States Fail to Meet July 1, 2013 Deadline
for Enacting Amended UCC Article Nine
 
California Case Provides New Remedies in Injunction
re: Fair Credit Reporting Act
 
Scrivener’s* Error Results in $950,000 Error for Bank
(*Someone employed to make written copies of documents)
 
Banks Scramble to Shed Servicing Duties as a
Result Basel III Accords--- Will Affect Leasing?

 
Caterpillar’s Junior Lien Prevails Over Senior Lien of Bank Because Senior Bank Doesn’t Obtain Security Agreement  
Wildwood Industries Fraud Snares Lessor and Lender
in Battle Over Assignment
 
Marlin Leasing Has Forum Selection Clause Upheld
and Recovers its Attorney Fees
 
Letter of Credit’s Interpretation Limited to
Face of the Letter of Credit
 
Huntington Bank Hit with $81 Million Judgment
Check Kite Crashes into El Camino Resources
 
E-Discovery Catches Up with Mobile Devices  
States Move to Using Driver’s Licenses for the
Official Name for Secured Transactions
 
Non-Competition Clause in Employment Contract
Invalidated by Georgia court
 
Copier Leases Got a Little Harder in California
Cannon Business System Loses Appeal
 
Iowa Equipment Lessor Gets Revenge on Lessees Who Converted Video Equipment  
Bank Tagged for Inaccurate Notice of Sale  
More Copier Woes
Coactive Capital Partners
 
California Case Demonstrates
Perils of Leasing Franchise Restaurant Equipment
 
California Bankruptcy Court Throws Out Adversary Action Against Balboa Capital and Bank of America Leasing for Fraudulent Conveyance  
Equipment Lessor Let Off the Hook by Use
of a Condensed Statute of Limitations Clause

 
Photocopier Leases: Washington Court
Ignores "Integration Clause" in Lease
 
Dodd Frank Wall Street Reform Act
And Its Effect of Leasing
 
Broker’s Responsibility to Obtain
California Lender’s License
 
No Jurisdiction over Non Creditors in
Fraudulent Conveyance Claims

 
Iowa Court Rules that Woman May be Fired for Being Too attractive  
California Regulators Going After Debt Collectors
for Perceived Collection Abuses
 
Leasing Company for P.O.S. Machines
--- Escapes Two Class Actions
 
New York Bankruptcy Court Allows Tort Liability
   to be Alleged in 363 Sale
 
Florida Federal Court Rules Two Year Delay in
  Selling Collateral Was Not Unreasonable
 
Ten Percent Late Fees  
Bank Which Botched Pre-Payment to Manufacturer Denied Secured Status  
Taking Licenses for Software, Website names, Products, et. al. Is It Good Collateral? The Court Answers: “Yes!”  
Iowa Court Rules “Agency” and “Fraud” Question of Fact While Upholding “Hell or High Water” Clause  
JP Morgan Chase Lose on release of lien case  
Sheldon Player's Equipment Acquisition Resources
Ropes 18 Equipment Lessors in Alleged Fraud

 
Collection Agency’s Robo-Phone Calls to Customers Cell Phone Snares Agency in Class Action Suit  
Kentucky Court Finds Secret Government Lien for Lease Displaces Junior Creditor's Perfect Lien
 
Court Stings Financial Pacific Leasing on Failure to
Properly Obtain “Acceptance” of the Leased Equipment
 
Fraudulent Wire Transfer Schemes Continue to Plague Business and Financial Institutions  
Indiana Court Ruling Makes True Lease “Murky”  
Secured Creditor's Election—“Over” or “Under Secured”  
Wells Fargo Equip. Finance Stripped of Its Perfected Lien  
Why Sue in Federal Court?  
Solar Financing Company Objects to View of Industry by McCurnin  
Clean Energy Lease Gets $32 Million Dirty  
Equipment Lessor Prevails in Buyer in an Ordinary
Course of Business Case in Inventory Dispute
 
Funding Source Gets Burned by Inadequate Collateral
 
Fraudulent Wire Transfer Schemes
Continue to Plague Business and Financial Institution
 
Creditor Prevails in State Court
Fraudulent Conveyance Action
 
Buyer of Construction Equipment Held Liable for Damages  
ACH Is Not a Cash or a Cashier's Check  
Conveyance to Family Trust Held to be Fraudulent Conveyance  
Secured Creditor Back-Dates Foreclosure Sale Documents  
Over Foster Caregiver to Compel Spaying Dog  
Lender Gets Snared by Default Interest Provision
in Poorly Draft Control Without a Lender's License
 
Every Asset Based Lender’s Nightmare!  
How Important is the Legal Name on the UCC?  
Louisiana District Court Rules that Successive UCC’s for New Loans Are Unnecessary  
Banks Gets Expensive Revenge  
What did Tetra and Republic Bank Have in Mind?
 
Green Fees Held Not Be Collateral of Bank's Real Estate Loan  
Kibosh on Common Fund Class Action Settlements  
Mazuma and Republic Bank Get Snared on PRR Provision  
Secured Creditor Loses to Junior Creditor Bank of the West  
Speedy Repossession/Resale Cost Bank $1 Million Deficiency  
Lessor Gets Revenge on First Payment Default Lessee
 
Lessor of POS machines Snared in Class Action Suit  
Lessor Prevails Against Chutzpa Defense
of Bank Approval of False Financial Statement
 
Sheldon Player/Equipment Aquisition Resources
Typo in Lease Spawns Major Litigation
 
Debt Collector sends Collection Letter to
Debtor’s Employment, Creates Class Action Suit
 
Are You Unknowingly Financing Inventory?  
Lessor Escapes NY Evergreen Clause Class Action  
Are Telephonic Guaranties Enforceable?  
Massachusetts Court Upholds DLL’s Forum Selection Clause  
Lessor Escapes NY Evergreen Clause Class Action  
Confusing Notices and Change of Plans
May Bar Recovery for Equipment Lessors
 
Watch Out for Small Capital Leases
-Especially Without a License
 
Late Fees  
Secured Creditor of Payroll Processing Firm Held Valid Lien on Bank Accounts of Payroll Processor  
Forged Corporate Resolution Stings Creditor  
Fallout from CMC Continues in Nevada Federal Court  
Equipment Lessor Gets Stung in Assignment Trap  
Equipment Lessor Saved by Exculpatory Language  
The Problem with Accepting Late Payments  
New Jersey Bankruptcy Court Slams Lender for Usury
by Thomas E. McCurnin & Frank Peretore
 
Royal Links Appeal Rules Back to Trial  
CMC paper and Officers Back to Litigation  
Late Fees