Legal Opinion

In Re Morris

United States Bankruptcy Court, E.D. Missouri

Decided October 28, 1992No. 02-11097PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BARRY S. SCHERMER, Chief Judge.

INTRODUCTION

The issue before the Court in this objection to plan confirmation is whether a “rent-to-own” contract is a true lease or a conditional sales contract. Resolving this question brings into conflict the applicability of two Missouri statutes: (1) section 400.1-201(37) of Missouri’s Commercial Code and (2) section 407.661(6) of Missouri’s Rental Purchase Agreement Law. The creditor asserts that § 407.661(6) of Missouri’s Rental Purchase Agreement Law governs and that the contract is a true lease. If the contract represents an…

2Cases cited13 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In the Matter of Marhoefer Packing Company, Inc., Bankrupt, Appeal of Robert Reiser & Company, Inc., CreditorCourt of Appeals for the Seventh Circuit · 1982
  3. Thomas J. CARLSON, Trustee, Appellant, v. TANDY COMPUTER LEASING, AppelleeCourt of Appeals for the Eighth Circuit · 1986
  4. Globe Securities Co. v. Gardner Motor Co.Supreme Court of Missouri · 1935
  5. In Re BurtonUnited States Bankruptcy Court, N.D. Alabama · 1989

8 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. City of Olathe v. KAR Development Associates, L.P. (In Re KAR Development Associates, L.P.)District Court, D. Kansas · 1995
  2. In Re RiggUnited States Bankruptcy Court, N.D. Texas · 1996
  3. Ford Motor Credit Co. v. Hoskins (In Re Hoskins)United States Bankruptcy Court, W.D. Missouri · 2001
  4. In Re MeeksUnited States Bankruptcy Court, S.D. Illinois · 1995
  5. In Re StreetUnited States Bankruptcy Court, W.D. Pennsylvania · 1997

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API