Legal Opinion

In Re Larson

United States Bankruptcy Court, D. North Dakota

Decided November 21, 1990No. 19-07070PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

This matter is before the court on motion of Circle Business Credit, Inc. (Circle), as the lessor of certain equipment, for an order prohibiting the use by the Debtor of funds generated by the subleasing of said equipment.

The Motion, filed October 24, 1990, while not a motion for relief from stay nor a motion to assume or reject an unexpired lease, does propose that the lease documents are true leases rather than conditional sales contracts. The Debtors, responding, claim that the documents are not true leases but are actually retail…

2Cases cited11 opinions

  1. Clarence Tucker, Jr. And Jean Tucker v. Paxson MacHine Company, William Thropp & Sons Company, Division of J.M.L. Trading CorporationCourt of Appeals for the Eighth Circuit · 1981
  2. Thomas J. CARLSON, Trustee, Appellant, v. TANDY COMPUTER LEASING, AppelleeCourt of Appeals for the Eighth Circuit · 1986
  3. Bankr. L. Rep. P 71,846, 4 Ucc rep.serv.2d 210 in Re Celeryvale Transport, Inc., Debtor. Richard P. Jahn, Jr., Trustee v. M.W. Kellogg Company, Inc., D/B/A Pullman Trailmobile, and Federal Insurance CompanyCourt of Appeals for the Sixth Circuit · 1987
  4. Funding Systems Asset Management Corp. v. Chemical Business Credit Corp. (In Re Funding Systems Asset Management Corp.)United States Bankruptcy Court, W.D. Pennsylvania · 1990
  5. Wallwork Lease & Rental Co. v. JNJ Investments, Inc.North Dakota Supreme Court · 1981

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3Cited by1 opinion

  1. In Re WyattUnited States Bankruptcy Court, D. Idaho · 1994

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