Legal Opinion
Bank of New York v. Olympia & York Florida Equity Corp. (In Re Holywell Corp.)
United States Bankruptcy Court, S.D. Florida.
Decided June 24, 1985No. 19-11880PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM DECISION
THOMAS C. BRITTON, Bankruptcy Judge.
The issue here is whether two agreements executed in May 1981, in which Miami Center Joint Venture leased certain personal property to Miami Center Limited Partnership are “true leases” or are in effect conditional sales and therefore “leases intended as security”. I conclude that they are true leases.
The personal property is furnishings, fixtures and equipment that were purchased to equip a hotel in Miami. The building is owned and operated by the lessee which is a chapter 11 debtor in this court. The leased personal property cost $7.8…
2Cases cited2 opinions
- American Standard Credit, Inc. v. National Cement Co., Programming and Systems, Inc., International Computer Corp.Court of Appeals for the Fifth Circuit · 1981
- UC Leasing, Inc. v. BARNETT BK., W. FLA.District Court of Appeal of Florida · 1983
3Cited by6 opinions
- Consumer Lease Network, Inc. v. Puckett (In Re Puckett)United States Bankruptcy Court, M.D. Tennessee · 1986
- 48th Street Steakhouse, Inc. v. Rockefeller Center, Inc. (In Re 48th Street Steakhouse, Inc.)United States Bankruptcy Court, S.D. New York · 1986
- In Re Edison Bros. Stores, Inc.United States Bankruptcy Court, D. Delaware · 1997
- In Re YostUnited States Bankruptcy Court, W.D. Kentucky · 1985
- In Re Holywell Corp.United States Bankruptcy Court, S.D. Florida. · 1987
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