Commitments and Contingencies

12 Months Ended

Dec. 31, 2011

Commitments and Contingencies [Abstract]

COMMITMENTS AND CONTINGENCIES

18. COMMITMENTS AND CONTINGENCIES

Litigation

From time to time, we are involved in legal proceedings arising in the ordinary course of business. We record a liability for litigation if an unfavorable outcome is probable and the amount of loss can be reasonably estimated, including expected insurance coverage. For proceedings where a range of loss is determined, we record a best estimate of loss within the range. When legal proceedings are material we disclose the nature of the litigation and to the extent possible the estimate of loss or range of loss. In the opinion of management, after consultation with legal counsel and considering insurance coverage where applicable, the outcome of current legal proceedings both individually and in the aggregate will not have a material impact on our financial condition, results of operations or cash flows.

Leases

We lease certain premises and equipment under various capital and operating lease agreements. Future minimum lease payments at December 31, 2011 under non-cancelable capital and operating leases with an original term exceeding one year are as follows:

		September 30,			September 30,
(in thousands)	Capital Lease Obligations			Operating Lease Obligations
2012	$	659			9,564
2013		204			5,561
2014		—			3,060
2015		—			263
		863		$	18,448
Less: Amounts Representing Interest		(27	)
Capital Lease Obligations		836
Less: Current Portion Under Capital Lease Obligation		(634	)
Long-term Portion Under Capital Lease Obligation	$	202

Total operating lease expense, net of sublease income, was $10.8 million, $7.8 million and $4.2 million for the years ended December 31, 2011, 2010, and 2009, respectively. The operating leases generally relate to office locations and reflect customary lease terms which range from 1 to 7 years in duration.

Escrow Balances

We hold customers’ assets in escrow at various financial institutions pending completion of certain real estate and debt collection activities. These amounts are held in escrow for limited periods of time, generally consisting of a few days. To the extent these assets are not co-mingled with our fees and are maintained in segregated bank accounts, they are generally not included in the Consolidated Balance Sheets, the balance of which is $17.7 million at December 31, 2011.