Legal Opinion

Barber v. Reynolds Motor Leasing Co. ( in Re My Type, Inc.)

United States Bankruptcy Court, C.D. Illinois

Decided June 17, 2009No. 19-80119PublishedCited by 2 opinions

1Opinion of the Court

OPINION

THOMAS L. PERKINS, Chief Judge.

Rearing its ugly head in this case is the issue of whether a lessor of a fleet of trucks whose leases are recharacterized as disguised security agreements is thereby rendered unperfected because the lessor is identified on the titles as owner instead of lienholder.

The Debtor, My Type, Inc. (DEBTOR), filed its Chapter 11 petition on June 30, 2005. Its primary business was as a provider of package delivery and related services. The majority of the delivery vehicles used by the DEBTOR were leased from Reynolds Motor Leasing Company (REYNOLDS). As of the…

2Cases cited29 opinions

  1. Dr. Linda A. Rodrigue v. Olin Employees Credit Union, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 2005
  2. Mindgames, Inc. v. Western Publishing Company, Inc.Court of Appeals for the Seventh Circuit · 2000
  3. In Re: Pillowtex, Inc. Duke Energy Royal, LLC v. Pillowtex CorporationCourt of Appeals for the Third Circuit · 2003
  4. Coble Systems, Inc. v. Coors of the Cumberland, Inc. (In Re Coors of the Cumberland, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1982
  5. In Re: Bartoni-Corsi Produce, Inc. Debtor. Richard J. Spear, Trustee v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 1997

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3Cited by2 opinions

  1. Gifford State Bank v. RichardsonDistrict Court, C.D. Illinois · 2013
  2. Reinbold v. Wells Fargo Bank, N.A. (In re Alvarado)United States Bankruptcy Court, C.D. Illinois · 2014

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