Legal Opinion

Wall Tire Distributors, Inc. v. Wright (In Re Wall Tire Distributors, Inc.)

United States Bankruptcy Court, M.D. Georgia

Decided July 13, 1990No. 19-50200PublishedCited by 4 opinions

1Opinion of the Court

ROBERT F. HERSHNER, Jr., Chief Judge.

STATEMENT OF THE CASE

Wall Tire Distributors, Inc., Debtor, Plaintiff, filed a petition under Chapter 11 of the Bankruptcy Code on September 25, 1989. Plaintiff continues to operate its business as debtor in possession pursuant to sections 1107 and 1108 of the Bankruptcy Code. 1 Plaintiff filed an adversary proceeding against Donald Wright, Defendant, on March 27, 1990. The complaint asks the Court to rule that a certain equipment lease between Plaintiff and Defendant is a security agreement rather than a true lease. Plaintiff also asks the Court to set…

2Cases cited5 opinions

  1. In Re Merritt Dredging Company, Inc., Debtor. Compliance Marine, Inc. v. Kevin Campbell, Trustee--AppelleeCourt of Appeals for the Fourth Circuit · 1988
  2. Coco v. Eli Haddad Corp. (In Re Coco)United States Bankruptcy Court, S.D. New York · 1986
  3. Sight & Sound of Ohio, Inc. v. WrightDistrict Court, S.D. Ohio · 1983
  4. National Traveler, Inc. v. PACCOM Leasing Corp. (In Re National Traveler, Inc.)United States Bankruptcy Court, M.D. Georgia · 1990
  5. In Re Ken Johnson Toyota, Ltd.United States Bankruptcy Court, D. South Carolina · 1983

3Cited by4 opinions

  1. Chambers (Bernice W.) v. Diamant (Lawrence A.), Trustee for Marathon Home LoansCourt of Appeals for the Ninth Circuit · 1991
  2. In Re Eagle Enterprises, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1998
  3. Johnson v. Taxel (In Re Johnson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  4. United States v. Jones (In Re Jones)District Court, D. Kansas · 1995

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