Legal Opinion
In Re Eagle Enterprises, Inc.
United States Bankruptcy Court, E.D. Pennsylvania
Decided August 4, 1998No. 19-10584PublishedCited by 20 opinions
1Opinion of the Court
OPINION
STEPHEN RASLAVICH, Bankruptcy Judge.
INTRODUCTION
At issue in the present proceeding is the status of three top lifters acquired by one of the debtors shortly before filing bankruptcy. The acquisition of the top lifters was accomplished via a leasing arrangement and the question in dispute is whether the leases are “true leases” or disguised financing agreements. No financing statements were filed by the seller, and thus the trustee asserts that the leases are financing instruments giving I'ise to avoidable unperfected security interests. The seller proposes that the leases are governed…
2Cases cited24 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Elias Siegelman, Individually, and as Administrator of the Estate of Eva Siegelman, Deceased v. Cunard White Star LimitedCourt of Appeals for the Second Circuit · 1955
- Hassett v. Revlon, Inc. (In Re O. P. M. Leasing Services, Inc.)United States Bankruptcy Court, S.D. New York · 1982
- In Re Pacific Express, Inc.Court of Appeals for the Ninth Circuit · 1986
- Hayim Kalmich v. Karl BrunoCourt of Appeals for the Seventh Circuit · 1977
19 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- C & J Vantage Leasing Co., Assignor to Frontier Leasing Corp., Assignee v. Thomas Wolfe D/B/A Lake Macbride Golf Course and Thomas Wolfe, IndividuallySupreme Court of Iowa · 2011
- In Re Salander O'Reilly GalleriesUnited States Bankruptcy Court, S.D. New York · 2011
- Larson v. Bayer (In re Bayer)United States Bankruptcy Court, E.D. Pennsylvania · 2014
- In Re Garden Ridge Corp.United States Bankruptcy Court, D. Delaware · 2006
- Deutsche Bank v. US Energy DevCourt of Appeals for the Fifth Circuit · 2021
15 more not listed; retrieve them via the Exa API.