In Re Canaveral Seafoods, Inc.

MEMORANDUM OPINION

GEORGE L. PROCTOR, Bankruptcy Judge.

The matter under consideration is a Motion to Value Claim of CARIBANK LEASING CORPORATION (“Caribank”) filed by the Debtor. In considering the Debtor’s motion the Court addressed the following four issues:

1. Whether the “Equipment Lease” between the Debtor and Caribank was a “true” lease subject to § 365 of the Bankruptcy Code or a financing arrangement subject to § 506 of the Bankruptcy Code;

2. If the “Equipment Lease” is a financing arrangement, the value of Caribank’s collateral;

3. Whether or not Caribank would be entitled to…