Legal Opinion

In Re Smith

United States Bankruptcy Court, D. South Carolina

Decided November 27, 2000No. 19-00709PublishedCited by 3 opinions

1Opinion of the Court

ORDER

JOHN E. WAITES, Bankruptcy Judge.

THIS MATTER comes before the Court upon the Objection to and Motion for Denial of Confirmation of Plan and to Valuation (the “Motion”) filed by General, Motors Acceptance Corporation (“GMAC”) on August 7, 2000. GMAC objected to the Chapter 13 Plan filed by Ginger Kay Smith (“Debtor”) on the grounds that the GMAC SmartLease Agreement entered into between Debtor and GMAC on or about February 24, 1999, was a true lease, as opposed to a disguised security agreement, which could only be assumed or rejected. At the hearing on the Motion, Debtor responded by…

2Cases cited13 opinions

  1. In Re Merritt Dredging Company, Inc., Debtor. Compliance Marine, Inc. v. Kevin Campbell, Trustee--AppelleeCourt of Appeals for the Fourth Circuit · 1988
  2. Matter of BeardUnited States Bankruptcy Court, N.D. Indiana · 1990
  3. Sight & Sound of Ohio, Inc. v. WrightDistrict Court, S.D. Ohio · 1983
  4. In Re Edison Bros. Stores, Inc.United States Bankruptcy Court, D. Delaware · 1997
  5. In Re OwenUnited States Bankruptcy Court, N.D. New York · 1998

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3Cited by3 opinions

  1. In Re DurhamUnited States Bankruptcy Court, D. South Carolina · 2001
  2. Anderson v. Dick Smith Nissan, Inc. (In Re Joyner)United States Bankruptcy Court, D. South Carolina · 2004
  3. In Re ParkerUnited States Bankruptcy Court, D. South Carolina · 2006

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