Legal Opinion

In Re Keith Alan Powers, Debtor. Keith Alan Powers v. Royce Inc., D/B/A Royce Rentals

Court of Appeals for the Seventh Circuit

Decided January 7, 1993No. 92-1678PublishedCited by 35 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

Keith Alan Powers (“Debtor”) and Royce, Inc. (“Royce”), a rental company, dispute whether certain contracts are “true leases” or installment sales contracts under Section 1-201(37) of the Uniform Commercial Code (UCC). If the contracts are true leases, Royce will be able to repossess certain household goods from the bankrupt Debtor. If the contracts are installment sales, Debtor will retain possession of the goods and Royce will only receive partial payment for the goods’ value. For reasons stated below, we find that the agreements are true leases.

Facts

On September 29,…

2Cases cited8 opinions

Butner v. United StatesSupreme Court of the United States · 1979
In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986
In the Matter of Marhoefer Packing Company, Inc., Bankrupt, Appeal of Robert Reiser & Company, Inc., CreditorCourt of Appeals for the Seventh Circuit · 1982
Orix Credit Alliance, Inc. v. James Pappas and Parashevic PappasCourt of Appeals for the Seventh Circuit · 1991
In Re Loop Hospital PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1983

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

3Cited by35 opinions

United Airlines, Inc. v. Hsbc Bank Usa, N.A., as Trustee, and California Statewide Communities Development AuthorityCourt of Appeals for the Seventh Circuit · 2005
In Re QDS Components, Inc.United States Bankruptcy Court, S.D. Ohio · 2002
PSINet, Inc. v. Cisco Systems Capital Corp. (In Re PSINet, Inc.)United States Bankruptcy Court, S.D. New York · 2001
Worldcom, Inc. v. General Electric Global Asset Management Services (In Re Worldcom, Inc.)United States Bankruptcy Court, S.D. New York · 2006
Banterra Bank v. Subway Equipment Leasing Corp. (In Re Taylor)United States Bankruptcy Court, S.D. Illinois · 1997

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