Pro Page Partners, LLC v. Message Express Paging Co. (In Re Pro Page Partners, LLC)

MEMORANDUM

MARCIA PHILLIPS PARSONS, Bankruptcy Judge.

In this adversary proceeding, the debtor seeks a determination that an agreement between it and the defendant, Message Express Paging Company, Inc. (“Message Express”), is a financing arrangement for the purchase of personalty rather than an executory contract such that certain payments by the debtor to Message Express are avoidable pursuant to 11 U.S.C. §§ 547 and 549. Presently pending before the court are the parties’ cross motions for summary judgment on the issue of wheth er the agreement in question is an execu-tory contract. Because…