Legal Opinion

In Re Paz

United States Bankruptcy Court, S.D. Georgia

Decided March 30, 1995No. 13-11783PublishedCited by 3 opinions

1Opinion of the Court

■ MEMORANDUM OPINION

JAMES D. WALKER, Jr., Bankruptcy Judge.

This matter comes before the Court on Motion for Relief From Stay filed by Gold Key Lease, Inc., (“Gold Key”) a creditor in this Chapter 13 ease. At issue is the characterization of an agreement as either a lease which must be assumed or rejected, or a security instrument capable of bifurcation into secured and unsecured component claims. This is a core matter pursuant to 28 U.S.C. § 157(b)(2)(G). Based on the following discussion, the Court will deny Gold Key’s Motion for Relief From Stay subject to the requirement that Debtor amend…

2Cases cited10 opinions

  1. Redfern Meats v. Hertz CorporationCourt of Appeals of Georgia · 1975
  2. Mock v. CANTERBURY REALTY COMPANYCourt of Appeals of Georgia · 1980
  3. Mays v. Citizens & Southern National BankCourt of Appeals of Georgia · 1974
  4. Mejia v. Citizens & Southern BankCourt of Appeals of Georgia · 1985
  5. McGuire v. Associates Capital Services Corp.Court of Appeals of Georgia · 1974

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3Cited by3 opinions

  1. Savage v. PiersonNevada Supreme Court · 2007
  2. C's Rent to Own v. Jarrells (In Re Jarrells)United States Bankruptcy Court, M.D. Georgia · 1997
  3. In Re WeskeUnited States Bankruptcy Court, E.D. Wisconsin · 1996

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