Legal Opinion
Pacific Eastern Corp. v. Gulf Life Holding Co. (In Re Pacific Eastern Corp.)
United States Bankruptcy Court, M.D. Tennessee
Decided August 13, 1998No. Bankruptcy No. 397-01768-AT-11, Adversary No. 397-0239APublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM
ALETA ARTHUR TRAUGER, Bankruptcy Judge.
The court has before it an action based on an alleged violation of the Tennessee usury statute that was filed originally in state court and then removed to federal court after the debtor’s bankruptcy filing. Plaintiffs assert that a $250,000 sale-leaseback and a $1.4 million loan, when combined, are a disguised loan for $1.65 million by which defendants have collected usurious interest. The only remaining defendants, Chase Manhattan Bank and ITR Properties, Inc., argue that the lease is a true lease that ought not be considered a part of the…
2Cases cited18 opinions
- Byrd v. HallTennessee Supreme Court · 1993
- Pacific Eastern Corp. v. Gulf Life Holding Co.Court of Appeals of Tennessee · 1995
- Consumer Credit Union v. HiteCourt of Appeals of Tennessee · 1990
- Yin v. Society National Bank IndianaIndiana Court of Appeals · 1996
- Consumer Lease Network, Inc. v. Puckett (In Re Puckett)United States Bankruptcy Court, M.D. Tennessee · 1986
13 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Forrest Construction, Inc. v. Cincinnati InsuranceDistrict Court, M.D. Tennessee · 2010
- Paul Shearer v. Fred McArthurCourt of Appeals of Tennessee · 2012