Hitchin Post Steak Co. v. General Electric Capital Corp. (In Re HP Distribution, LLP)

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

These cross-motions for summary judgment seek the Court’s determination whether certain truck lease agreements between Hitchin Post Steak Co. (“HPS”) and General Electric Capital Corporation (“GECC”) are true leases or disguised security agreements. These motions were argued to the Court on July 13, 2010. 1 At stake here is whether HPS must cure and assume these leases in order to retain its tractors and trailers under 11 U.S.C. § 365 or whether it can cram down its obligations to GECC to the current value of the tractors and trailers under 11…