Legal Opinion
USI Capital & Leasing v. Medical Oxygen Service, Inc. (In Re Medical Oxygen Service, Inc.)
United States Bankruptcy Court, N.D. Georgia
Decided January 12, 1984No. 16-62274PublishedCited by 3 opinions
1Opinion of the Court
ORDER
W. HOMER DRAKE, Bankruptcy Judge.
This case is before the Court on the complaint filed by the plaintiff, USI Capital and Leasing (“USI”), for relief from the automatic stay. The plaintiff contends that it is either a lessor or a secured creditor with regard to 46 Boras Model 290 Oxygen Generators currently in possession of the debtor, Medical Oxygen Service, Inc. (“Medical Oxygen”). Medical Oxygen answered the complaint and contends that USI is not a lessor and is secured only as to four of the oxygen generators. The parties have stipulated that the Court shall determine USI’s interest —…
2Cases cited11 opinions
- Central Realty, Inc. v. Hillman's Equipment, Inc.Indiana Supreme Court · 1969
- In Re J. A. Thompson & Son, Inc., Debtor. Ralph Aoki, Receiver v. Shepherd MacHinery Co.Court of Appeals for the Ninth Circuit · 1982
- National Equipment Rental, Ltd. v. Priority Electronics Corp.District Court, E.D. New York · 1977
- Peco, Inc. v. Hartbauer Tool & Die Co.Oregon Supreme Court · 1972
- Bank of N. America v. Bank of NutleyNew Jersey Superior Court Appellate Division · 1967
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3Cited by3 opinions
- Hannaford Bros. Co. v. State Tax AssessorSupreme Judicial Court of Maine · 1985
- Guardian State Bank v. LambertCourt of Appeals of Utah · 1992
- United States v. LutgertUnited States Court of Military Appeals · 1969