Legal Opinion
Rish Equipment Co. v. Joe Necessary & Son, Inc.
District Court, W.D. Virginia
Decided August 23, 1979No. Civ. A. 78-00036A(1)PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OPINION
TURK, Chief Judge.
This case is before the Court on appeal by Rish Equipment Company (“Rish”) from a determination by the Bankruptcy Court that Rish’s interest in certain property in possession of the debtor, Joe Necessary and Sons, Inc. (“Necessary”), was that of a secured lender. Rish here contends that the Bankruptcy Court erroneously required it to shoulder the burden of persuasion with respect to the nature of its interest in the property and, secondly, that the Bankruptcy Court erred in its determination that the transaction at issue was a conditional sale rather than a…
2Cases cited5 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- In the Matter of Spencer Jerome Tillery, Bankrupt. Bill Swad Leasing Company v. Henry A. Stikes, Sr., TrusteeCourt of Appeals for the Fifth Circuit · 1978
- Herbert Tepper v. Frank H. Chichester, Trustee in Bankruptcy of the Estate of Bennett-Manning Co., BankruptCourt of Appeals for the Ninth Circuit · 1961
- In Re Kirk Kabinets, Inc.District Court, M.D. Georgia · 1975
- In the Matter of Jackson Sound Studios, Inc., Bankrupt Mrs. Elizabeth Mitchell v. J. A. Travis, TrusteeCourt of Appeals for the Fifth Circuit · 1973
3Cited by17 opinions
- In Re Merritt Dredging Company, Inc., Debtor. Compliance Marine, Inc. v. Kevin Campbell, Trustee--AppelleeCourt of Appeals for the Fourth Circuit · 1988
- In the Matter of Don Orriel Neis, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1983
- Rainier National Bank v. Inland MacHinery Co.Court of Appeals of Washington · 1981
- K. L. C., Inc. v. Brookside Drug Store, Inc. (In Re Brookside Drug Store, Inc.)United States Bankruptcy Court, D. Connecticut · 1980
- In Re PeacockUnited States Bankruptcy Court, N.D. Texas · 1980
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