- 26 - because Mr. Handel’s clients consisted of petitioners and their corporations. Our conclusion is also supported by the October 25, 1994, letter written by MDFC to respondent’s agents that contains the statement that the judgment against AIC and petitioners was satisfied on September 6, 1989. We believe that the essence of these letters is that the financial institutions regarded petitioners as the officers and shareholders of their wholly owned corporations. We found Mr. Forman’s (the acting president of Southern Pacific) testimony to be both credible and consistent with California law and the record. He characterized Southern Pacific’s rights or interest in the vending machines as those of the holder of a security interest that could develop into a possessory or other property interest upon default on the lease payments. See generally Cal. Com. Code sec. 1201(37)(a). On the other hand, Mr. Smith (a senior commercial lending officer for NBSC) testified that NBSC became the owner of certain leases that were assigned to it through transactions with petitioners’ corporations. Mr. Smith misconstrued the effect and character of the transactions between NBSC and petitioners’ corporation. NBSC possessed nothing more than any other security holder involved as a lender with petitioners’ corporations. The assignment of the leases was to provide a source of repayment of outstanding loans.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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