Legal Opinion
Walter D. Sanders, Trustee in Bankruptcy for the Atlanta Times, Inc., Bankrupt v. Commercial Credit Corporation
Court of Appeals for the Fifth Circuit
Decided August 9, 1968No. 24304_1PublishedCited by 15 opinions
1Opinion of the Court
CARSWELL, District Judge:
The principal issue here rather frequently recurs in bankruptcy proceedings and was the subject of this Court’s opinion in Sanders v. National Acceptance Co., 383 F.2d 606 (5 Cir., 1967), involving the same bankrupt although a different creditor and a totally unrelated contract.
Do the particular transactions constitute a lease or a conditional sale? If a lease, then the chattel, or its monetary equivalent after sale, reverts to the lessor without the necessity of filing to protect its rights. If the agreement be deemed a security agreement (or conditional sale) the…
2Cases cited3 opinions
- Irving Trust Co. v. A. W. Perry, Inc.Supreme Court of the United States · 1934
- Walter D. Sanders, Trustee in Bankruptcy for the Atlanta Times, Inc., Bankrupt v. National Acceptance Company of AmericaCourt of Appeals for the Fifth Circuit · 1967
- In re South View Country Club of Mankato, Inc.District Court, D. Minnesota · 1963
3Cited by15 opinions
- American Standard Credit, Inc. v. National Cement Co., Programming and Systems, Inc., International Computer Corp.Court of Appeals for the Fifth Circuit · 1981
- In Re Winston Mills, Inc.United States Bankruptcy Court, S.D. New York · 1980
- In the Matter of Devita Fruit Company, Bankrupt, Quentin M. Derryberry Ii, Trustee v. Fca Leasing CorporationCourt of Appeals for the Sixth Circuit · 1973
- McKeeman v. Commercial Credit Equipment Corp.District Court, D. Nebraska · 1970
- In re GreshamDistrict Court, E.D. Virginia · 1970
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