Tuesday, May 26, 2009

Possible current assets

This is a place to post leads on assets.  Some of the assets might be owned by companies that share common ownership with HL Leasing, but are legally separate, or by people who are not associated with HL Leasing, so do not assume that all of the assets here can be treated as if they are HL Leasing's assets or John Otto's assets.  You will need to get that kind of legal or accounting advice from your lawyer or accountant.

LEASES:  

1. Pentech leases possibly acquired by HL Leasing for $2.7 million on December 30, 2005:  There was a hearing scheduled for HL Leasing's lawyers to attend on May 26, 2009 in a case in New York called "In re John Richard Constable, Debtor, HL Leasing, Inc., Plaintiff against John Richard Constable", Case 08-76313 and 8-09-08030.  In that case, one of the exhibits to the complaint filed by HL Leasing was an assignment of leases from Pentech to HL Leasing.  Some of the leases were not supposed to expire until almost 2011, and it appears possible (since HL Leasing was scheduled to be at a hearing today as part of their lawsuit to enforce one of the leases) that some of the leases still belong to HL Leasing.   (link to the notice of hearing might not remain valid after today).  UPDATE: The pretrial conference was set for 5/28/09 at 10:00 am. (again note that these court web pages are updated frequently, so the information might not be there if you are clicking the links too long after they were posted).
2. Municipal Leases:  The heritage-pacific site marketed to municipalities, saying they "understand the difficult and complex credit and financing requirements of municipalities," and that they offer "conventional financial instruments commonly used to finance everything from vehicles to facilities or office equipment."  Since government contracts should be a matter of public record in most cases, it would be easy for somebody to send a California Public Records Act request to all of the municipalities in California asking for copies of any leases with any Otto entity.

REAL ESTATE

1. 49355 Sunrose Ln. Palm Desert 92260 (link and mortgage information needed) (apparently personally owned, not corporate).

2. Ownership of office space to be added.

OTHER COMPANIES

1. Aircraft charter operation, Air Fred.  FAA documents (identical copies) can be found here and here.  Note that "Air Fred, LLC" signed the document for the Cessna Citation by having Andy Fernandez sign as "Chief Financial Officer of Manufacturer's Acceptance Corp. Inc dba Heritage Pacific Leasing, member".  This seems to indicate that Manufacturer's Acceptance Corp. is a member of Air Fred, LLC.  So it appears that Manufacturer's Acceptance Corporation is the owner (or one of the owners) of Air Fred, LLC.  Original source linked here.  Another oddity is that the aircraft registration application dated 1/25/08 is filed on behalf of a "corporation", but the applicant is "Air Fred, LLC", yet the signature is done on behalf of an individual (signed as "owner").  This raises a question as to whether there is a lack of separation between the corporate identities of Air Fred, Manufacturer's Acceptance Corporation dba Heritage Pacific Leasing and the individual signatory.




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