Legal Opinion

Taylor Rental Corp. v. Deere (In Re Noack)

United States Bankruptcy Court, E.D. Wisconsin

Decided November 9, 1984No. 19-20270PublishedCited by 8 opinions

1Opinion of the Court

DECISION

JAMES E. SHAPIRO, Bankruptcy Judge.

The sole issue is whether an agreement entitled “LPL Equipment Lease” is a true lease or a disguised security agreement. 1

On March 3, 1981, the agreement, purporting to be a lease of a fork lift and a back hoe was entered into between Service Motor Company as lessor and Larry Noaek, d/b/a Taylor Rental Center (“debtor”) as lessee. It was for 60 months and provided for payments of $1,027.66 each month. Thereafter, on March 5, 1981, Service Motor Company assigned its interest to J.I. Case Corp. (“defendant”). On April 15, 1983, the debtor filed a…

2Cases cited9 opinions

  1. Dairyland Equipment Leasing, Inc. v. BohenWisconsin Supreme Court · 1980
  2. Coble Systems, Inc. v. Coors of the Cumberland, Inc. (In Re Coors of the Cumberland, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1982
  3. In Re Loop Hospital PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1983
  4. In Re TuckerUnited States Bankruptcy Court, W.D. Oklahoma · 1983
  5. Aldeman v. General Motors Acceptance Corp. (In Re Tulsa Port Warehouse Co.)District Court, N.D. Oklahoma · 1980

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In Re QDS Components, Inc.United States Bankruptcy Court, S.D. Ohio · 2002
  2. In Re YostUnited States Bankruptcy Court, W.D. Kentucky · 1985
  3. In Re WallaceUnited States Bankruptcy Court, D. New Jersey · 1990
  4. In Re Delafield DevelopmentUnited States Bankruptcy Court, E.D. Wisconsin · 1985
  5. Caterpillar Fin. Services Corp. v. WellsNew Jersey Superior Court Appellate Division · 1994

3 more not listed; retrieve them via the Exa API.

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