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Legal Opinion

In Re Zaleha

United States Bankruptcy Court, D. Idaho

Decided November 25, 1993No. 19-07002PublishedCited by 18 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Chief Judge.

Toyota Motor Credit Corporation (“TMCC”) moves, under 11 U.S.C. § 365, to require Daniel Zaleha, the debtor in this chapter 11 case (“debtor”), to assume or reject an unexpired lease. The debtor defends on the ground the transaction is not a true lease, but is in fact a disguised security interest.

The lease at issue is for a 1991 Toyota 4WD Deluxe ExtraCab Pickup. The lease has a term of five years, and calls for 60 monthly payments of $323.82. The debtor could become owner of the vehicle at the end of the lease term for $5,390.00, which the…

2Cases cited6 opinions

  1. In the Matter of Marhoefer Packing Company, Inc., Bankrupt, Appeal of Robert Reiser & Company, Inc., CreditorCourt of Appeals for the Seventh Circuit · 1982
  2. Eimco Corp. v. SimsIdaho Supreme Court · 1979
  3. In Re LerchUnited States Bankruptcy Court, C.D. Illinois · 1992
  4. Woodson v. Ford Motor Credit Co. (In Re Cole)District Court, N.D. Oklahoma · 1990
  5. Woodson v. Ford Motor Credit Co. (In Re Cole)United States Bankruptcy Court, N.D. Oklahoma · 1989

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

3Cited by18 opinions

  1. In Re QDS Components, Inc.United States Bankruptcy Court, S.D. Ohio · 2002
  2. Worldcom, Inc. v. General Electric Global Asset Management Services (In Re Worldcom, Inc.)United States Bankruptcy Court, S.D. New York · 2006
  3. In Re Edison Bros. Stores, Inc.United States Bankruptcy Court, D. Delaware · 1997
  4. In Re MurrayUnited States Bankruptcy Court, E.D. Pennsylvania · 1996
  5. In Re Architectural Millwork of Virginia, Inc.United States Bankruptcy Court, W.D. Virginia · 1998

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

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