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Illinois Licensed Beverage Association wins preliminary injunction against leasing companies in CCC case

December 26, 2001

SPRINGFIELD, Ill. -- Sangamon County Circuit Judge Robert Eggers on July 18 granted a preliminary injunction against Advanta Leasing Services, a division of Advanta Bank Corp.; Preferred Capitol, Inc., Liberty leasing Company, a division of Commercial Federal Bank; and Marlin Leasing Corporation, four leasing companies formerly associated with Philadelphia-based ATM deployer Credit Card Center, in favor of the Illinois Licensed Beverage Association (ILBA) and its members.

The ILBA also named CCC as a defendant, but further action against CCC was halted by its June 6 bankruptcy petition. 
 
The preliminary injunction order allows the ILBA members that had obtained lease financing for ATMs purchased from CCC to make their payments into an escrow account pending a full hearing and prohibits the leasing companies from filing lawsuits or taking any action to default the merchants for non-payment. 
 
ILBA's lawsuit alleges that it had an exclusive ATM Leasing Agreement with CCC that did not authorize the substitution of third-party leasing companies and seeks a final order declaring such leases null and void.