Legal Opinion
In Re Peacock
United States Bankruptcy Court, N.D. Texas
Decided November 14, 1980No. 19-40451PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOHN FLOWERS, Bankruptcy Judge.
The issue in this case arises from a novel application of the “cram down” provisions of Chapter 13 to lease agreements which the debtor asserts are intended as security devices. Chapter 13 authorizes the Court to confirm a plan in which the present value of any deferred payments to a secured creditor equals the valúe of the collateral, 11 U.S.C. §§ 1325(a)(5), 506(a). The issue here is whether claims arising under the debtor’s lease agreements may be treated as secured claims for purposes of the § 1325(a)(5) “cram down”.
FINDINGS OF FACT
The…
2Cases cited13 opinions
- 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
- All-States Leasing Co. v. OchsCourt of Appeals of Oregon · 1979
- Davis Brothers v. Misco Leasing, Inc.Court of Appeals of Texas · 1974
- Peco, Inc. v. Hartbauer Tool & Die Co.Oregon Supreme Court · 1972
- Southwest Park Outpatient Surgery, Ltd. v. Chandler Leasing DivisionCourt of Appeals of Texas · 1978
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986
- Coble Systems, Inc. v. Coors of the Cumberland, Inc. (In Re Coors of the Cumberland, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1982
- Consumer Lease Network, Inc. v. Puckett (In Re Puckett)United States Bankruptcy Court, M.D. Tennessee · 1986
- Hill v. Bentco Leasing, Inc.Supreme Court of Arkansas · 1986
- Crumley v. BerrySupreme Court of Arkansas · 1989
23 more not listed; retrieve them via the Exa API.