Legal Opinion

Jahn v. M.W. Kellogg Co. (In Re Celeryvale Transport, Inc.)

United States Bankruptcy Court, E.D. Tennessee

Decided November 9, 1984No. Bankruptcy No. 1-81-01933, Adv. No. 1-81-0838PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge

The first question in this case is whether a lease between the debtor, Celeryvale Transport, and the defendant, Trailmobile, is a true lease or a lease intended for security. Trailmobile leased to Celeryvale 30 refrigerated trailers of the kind used with an over-the-road tractor to form a tractor-trailer or semi-trailer rig, commonly called a big truck. Celeryvale later went into bankruptcy. The trustee contends that the lease is one intended for security and Trailmobile is therefore the holder of a security interest in the trailers rather than the…

2Cases cited3 opinions

  1. Coble Systems, Inc. v. Coors of the Cumberland, Inc. (In Re Coors of the Cumberland, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1982
  2. In Re Winston Mills, Inc.United States Bankruptcy Court, S.D. New York · 1980
  3. IDS Leasing Corp. v. Leasing Associates, Inc.Court of Appeals of Texas · 1979

3Cited by7 opinions

  1. Simon v. CroneckerSupreme Court of New Jersey · 2007
  2. Consumer Lease Network, Inc. v. Puckett (In Re Puckett)United States Bankruptcy Court, M.D. Tennessee · 1986
  3. Bankr. L. Rep. P 71,846, 4 Ucc rep.serv.2d 210 in Re Celeryvale Transport, Inc., Debtor. Richard P. Jahn, Jr., Trustee v. M.W. Kellogg Company, Inc., D/B/A Pullman Trailmobile, and Federal Insurance CompanyCourt of Appeals for the Sixth Circuit · 1987
  4. In Re Edison Bros. Stores, Inc.United States Bankruptcy Court, D. Delaware · 1997
  5. BJL Leasing Corp. v. Whittington, Singer, Davis and Company, Inc.New Jersey Superior Court Appellate Division · 1985

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