In Re Hispanic American Television Co., Inc.

MEMORANDUM OPINION

JOHN D. SCHWARTZ, Chief Judge.

The issue before the court is whether an agreement, designated “Equipment Lease” (“Lease”), between Hispanic American Television Co. [Companies], Inc. (“HAT-CO”), the Debtor, and Motorweek Productions (“MW”), a partnership between Ken Squier Productions, Inc. and the Lirol Corporation, setting forth the terms and conditions for the possession and use of certain television production equipment (“Equipment”) for a five-year term is a true lease or a security instrument. As a lease, the Equipment remains the property of MW with HATCO’s rights…