In the Matter of Marhoefer Packing Company, Inc., Bankrupt, Appeal of Robert Reiser & Company, Inc., Creditor

PELL, Circuit Judge.

This appeal involves a dispute between the trustee of the bankrupt Marhoefer Packing Company, Inc., (“Marhoefer”) and Robert Reiser & Company, Inc., (“Reiser”) over certain equipment held by Marhoefer at the time of bankruptcy. The issue presented is whether the written agreement between Marhoefer and Reiser covering the equipment is a true lease under which Reiser is entitled to reclaim its property from the bankrupt estate, or whether it is actually a lease intended as security in which case Reiser’s failure to file a financing statement to perfect its interest renders…