Legal Opinion

In Re Trusty

United States Bankruptcy Court, N.D. Alabama

Decided November 9, 1995No. 19-40154PublishedCited by 3 opinions

1Opinion of the Court

ORDER DENYING MOTIONS FOR RELIEF FROM STAY

BENJAMIN COHEN, Bankruptcy Judge.

The three eases subject to this order are not consolidated but are connected by a common issue. That issue is whether a rent-to-own agreement is a lease for rental of property or is a security agreement representing a sale of property. In each case the non-debtor merchant has asked this Court for relief from the automatic stay to allow it to pursue whatever non-bankruptcy remedies it may have against its debtor. All three debtors have asked the Court to require the merchants to treat the agreements as sales agreements.…

2Cases cited22 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. City of Olathe v. KAR Development Associates, L.P. (In Re KAR Development Associates, L.P.)District Court, D. Kansas · 1995
  4. In Re MorganUnited States Bankruptcy Court, N.D. Alabama · 1994
  5. In Re Coors of North Mississippi, Inc.United States Bankruptcy Court, N.D. Mississippi · 1983

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

3Cited by3 opinions

  1. In Re StellmanUnited States Bankruptcy Court, D. Idaho · 1999
  2. KFJ Enterprises, LLC v. Rembert (In Re Rembert)United States Bankruptcy Court, M.D. Pennsylvania · 2003
  3. In Re KnowlesUnited States Bankruptcy Court, E.D. Kentucky · 2000

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