Legal Opinion
Banterra Bank v. Subway Equipment Leasing Corp. (In Re Taylor)
United States Bankruptcy Court, S.D. Illinois
Decided June 12, 1997No. 19-30040PublishedCited by 21 opinions
1Opinion of the Court
OPINION
KENNETH J. MEYERS, Bankruptcy Judge.
This matter is before the Court on cross-motions for summary judgment on Banterra Bank’s Complaint to Determine Extent, Validity, and Priority of Liens. The issue before the Court is whether an agreement between the debtor and the defendant constitutes a “true lease” or whether it is, in fact, a disguised security agreement pursuant to § 1-201(37) of the Illinois Uniform Commercial Code.
FACTS
The debtor in this case, Susan Elaine Taylor, owned several Subway Sandwich Shops in southern Illinois. In August 1993, she entered into an agreement with the…
2Cases cited10 opinions
- In the Matter of Marhoefer Packing Company, Inc., Bankrupt, Appeal of Robert Reiser & Company, Inc., CreditorCourt of Appeals for the Seventh Circuit · 1982
- National Equipment Rental, Ltd. v. Priority Electronics Corp.District Court, E.D. New York · 1977
- In Re Keith Alan Powers, Debtor. Keith Alan Powers v. Royce Inc., D/B/A Royce RentalsCourt of Appeals for the Seventh Circuit · 1993
- In Re LerchUnited States Bankruptcy Court, C.D. Illinois · 1992
- Tko Equipment Company, Plaintiff-Appellee/cross-Appellant v. C & G Coal Company, Inc., and Whayne Supply Company, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Seventh Circuit · 1988
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In Re: Pillowtex, Inc. Duke Energy Royal, LLC v. Pillowtex CorporationCourt of Appeals for the Third Circuit · 2003
- In Re QDS Components, Inc.United States Bankruptcy Court, S.D. Ohio · 2002
- C & J Vantage Leasing Co. v. Outlook Farm Golf Club, LLCSupreme Court of Iowa · 2010
- In Re Triplex Marine Maintenance, Inc.United States Bankruptcy Court, E.D. Texas · 2000
- In Re Buehne Farms, Inc.United States Bankruptcy Court, S.D. Illinois · 2005
16 more not listed; retrieve them via the Exa API.