Legal Opinion
In Re Zerkle Trucking Co.
United States Bankruptcy Court, S.D. West Virginia
Decided October 7, 1991No. Bankruptcy 91-30086PublishedCited by 7 opinions
1Opinion of the Court
OPINION AND ORDER FINDING LEASE AGREEMENTS TO BE INTENDED AS SECURITY AGREEMENTS AND DENYING PACCAR FINANCIAL CORPORATION’S MOTION TO COMPEL DEBTOR TO ASSUME OR REJECT UNEXPIRED LEASES
RONALD G. PEARSON, Bankruptcy Judge.
The Court is asked to decide whether equipment lease agreements with terminal rent adjustment clauses [TRAC leases] are true leases or leases intended for security. If they are true leases, the Debtor, Zerkle Trucking Company [Zerkle], must assume the leases and pay according to the agreements or reject the leases, return the equipment and pay damages. The Court finds the…
2Cases cited5 opinions
- Brown v. Harris (In Re Auxano, Inc.)United States Bankruptcy Court, W.D. Missouri · 1989
- Sight & Sound of Ohio, Inc. v. WrightDistrict Court, S.D. Ohio · 1983
- In Re Tulsa Port Warehouse Company, Inc.Court of Appeals for the Tenth Circuit · 1982
- Bonczek v. Pascoe Equipment Co.Superior Court of Pennsylvania · 1982
- Leasing Service Corp. v. Eastern Equipment Co. (In Re Eastern Equipment Co.)United States Bankruptcy Court, S.D. West Virginia · 1981
3Cited by7 opinions
- Carlson v. GiacchettiMassachusetts Appeals Court · 1993
- Morris v. Dealers Leasing, Inc. (In Re Beckham)District Court, D. Kansas · 2002
- Morris v. U.S. Bancorp Leasing & Financial (In Re Charles)United States Bankruptcy Court, D. Kansas · 2002
- Debtor Brankle Brokerage & Leasing, Inc. v. Volvo Financial Services (In Re Brankle Brokerage & Leasing, Inc.)United States Bankruptcy Court, N.D. Indiana · 2008
- Hitchin Post Steak Co. v. General Electric Capital Corp. (In Re HP Distribution, LLP)United States Bankruptcy Court, D. Kansas · 2010
2 more not listed; retrieve them via the Exa API.