Legal Opinion
United Airlines, Inc. v. Hsbc Bank Usa, N.A., as Trustee, and California Statewide Communities Development Authority
Court of Appeals for the Seventh Circuit
Decided August 23, 2005No. 04-4209, 04-4315, 04-4321PublishedCited by 37 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
What is a “lease” in federal bankruptcy law? Businesses that do not pay up front for assets may acquire them via unsecured debt, secured debt, or lease; in each event the business pays over time. Similar economic function implies the ability to draft leases that work like security agreements, and secured loans that work like leases. Yet the Bankruptcy Code of 1978 distinguishes among these devices. A lessee must either assume the lease and fully perform all of its obligations, or surrender the property. 11 U.S.C. § 365. A borrower that has given security, by…
2Cases cited35 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Butner v. United StatesSupreme Court of the United States · 1979
- Brown v. FelsenSupreme Court of the United States · 1979
- Kelly v. RobinsonSupreme Court of the United States · 1986
- United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
30 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Federal Communications Commission v. Airadigm Communications, Inc.Court of Appeals for the Seventh Circuit · 2010
- In Re: United Air Lines, Inc., Debtor. United Air Lines, Inc. v. Hsbc Bank USA as Paying Agent, and City and County of DenverCourt of Appeals for the Seventh Circuit · 2006
- Allentown Ambassadors, Inc. v. Northeast American Baseball, LLC (In Re Allentown Ambassadors, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 2007
- Paloian v. LaSalle Bank National Ass'n (In re Doctors Hospital of Hyde Park, Inc.)United States Bankruptcy Court, N.D. Illinois · 2013
- Sportsman's Warehouse, Inc. v. McGllis/Eckman Investments-Billings, LLC (In Re Sportsman's Warehouse, Inc.)United States Bankruptcy Court, D. Delaware · 2011
32 more not listed; retrieve them via the Exa API.