Legal Opinion
In Re Kyle Trucking, Inc.
United States Bankruptcy Court, N.D. Indiana
Decided June 14, 1999No. 19-20403PublishedCited by 8 opinions
1Opinion of the Court
DECISION
ROBERT E. GRANT, Bankruptcy Judge.
The debtor, Kyle Trucking, Inc., filed a voluntary petition for relief under Chapter 11 on September 15, 1997. As of that date, it was in possession of vehicles leased from Associates Leasing, Inc. (“Associates”). Despite the facial tenor of the contract, Debtor contended that its agreement with Associates was not a true lease but was, instead, a disguised financing device. As a result, it did not make any post-petition payments to Associates, see 11 U.S.C. § 365(d)(10), until after Associates had filed a motion for relief from stay. That motion…
2Cases cited18 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- In the Matter of Thomas v. Cassidy, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1990
- Melvin E. Levinson v. United StatesCourt of Appeals for the Seventh Circuit · 1992
- In the Matter of Handy Andy Home Improvement Centers, Inc., Debtor-Appellee. Appeal of National Terminals CorporationCourt of Appeals for the Seventh Circuit · 1998
- In Re Mid Region Petroleum, Inc., Debtor. General American Transportation Corporation v. W. Scott Martin, Trustee of Mid Region Petroleum, Inc.Court of Appeals for the Tenth Circuit · 1993
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Muma Services Inc.United States Bankruptcy Court, D. Delaware · 2002
- In Re Palace Quality Services Industries, Inc.United States Bankruptcy Court, E.D. Michigan · 2002
- In Re Sturgis Iron & Metal Co., Inc.United States Bankruptcy Court, W.D. Michigan · 2009
- In Re Eastern Agri-Systems, Inc.United States Bankruptcy Court, E.D. North Carolina · 2000
- Zions Credit Corp. v. Rebel Rents, Inc. (In Re Rebel Rents, Inc.)United States Bankruptcy Court, C.D. California · 2003
3 more not listed; retrieve them via the Exa API.