Legal Opinion
Morris v. U.S. Bancorp Leasing & Financial (In Re Charles)
United States Bankruptcy Court, D. Kansas
Decided March 29, 2002No. 19-40131PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM AND OPINION GRANTING SUMMARY JUDGMENT
ROBERT E. NUGENT, Bankruptcy Judge.
This matter is before the Court on the motion of U.S. Bancorp Leasing and Financial (“Bancorp”) for summary judgment (the “Motion”) on the Trustee’s Complaint. In his Complaint, Trustee J. Michael Morris asserts that the arrangement under which Bancorp leased to debtors Robert and Jan Charles five Kenworth truck tractors is a disguised sale rather than a finance lease. The Trustee further argues that, since the transaction is a disguised sale and not a lease, Bancorp was obligated to perfect its security…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Butner v. United StatesSupreme Court of the United States · 1979
- Fred T. McKibben v. Janet A. Chubb, and Merrill Lynch, Pierce, Fenner and Smith, Inc., Leland Morris, Jr., and Virginia MorrisCourt of Appeals for the Tenth Circuit · 1988
- In the Matter of Fashion Optical, Ltd., Bankrupt. Joe Steele, Trustee v. Dr. Charles J. GebetsbergerCourt of Appeals for the Tenth Circuit · 1981
- In Re Tulsa Port Warehouse Company, Inc.Court of Appeals for the Tenth Circuit · 1982
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re QDS Components, Inc.United States Bankruptcy Court, S.D. Ohio · 2002
- In Re Grubbs Construction Co.United States Bankruptcy Court, M.D. Florida · 2005
- Debtor Brankle Brokerage & Leasing, Inc. v. Volvo Financial Services (In Re Brankle Brokerage & Leasing, Inc.)United States Bankruptcy Court, N.D. Indiana · 2008
- Hitchin Post Steak Co. v. General Electric Capital Corp. (In Re HP Distribution, LLP)United States Bankruptcy Court, D. Kansas · 2010
- In re Republic Airways Holdings Inc.United States Bankruptcy Court, S.D. New York · 2019
4 more not listed; retrieve them via the Exa API.