Legal Opinion
In Re Grubbs Construction Co.
United States Bankruptcy Court, M.D. Florida
Decided January 7, 2005No. 03-08573-8W1PublishedCited by 26 opinions
1Opinion of the Court
Memorandum Decision on Characterization of Banc One Leasing Corporation’s Equipment Leases
MICHAEL G. WILLIAMSON, Bankruptcy Judge.
The issue before the Court is whether the equipment leases between the Debtor, Grubbs Construction, Inc. (“Grubbs”), and Banc One Leasing Corporation (“Banc One”) are to be characterized as true leases or as secured transactions. This issue has been the subject of many court decisions, the common thread of which has been to conduct a fact-intensive analysis to determine the “economic realities” of the transactions. Applying that test to the leases between Grubbs…
2Cases cited56 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- In Re Pch Associates, F/k/a Simon Associates, Debtor. Liona Corporation, N v. V. Pch AssociatesCourt of Appeals for the Second Circuit · 1986
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- Barnette v. EvansCourt of Appeals for the Eleventh Circuit · 1982
- In Re Delta Resources, Inc., Debtor. Orix Credit Alliance, Inc. v. Delta Resources, Inc.Court of Appeals for the Eleventh Circuit · 1995
51 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Worldcom, Inc. v. General Electric Global Asset Management Services (In Re Worldcom, Inc.)United States Bankruptcy Court, S.D. New York · 2006
- Mostoller v. Citicapital Commercial Corp. (In Re Stetson & Associates, Inc.)United States Bankruptcy Court, E.D. Tennessee · 2005
- Cago, Inc. v. Slade (In Re Slade)United States Bankruptcy Court, D. New Mexico · 2012
- Cook Sales, Inc. v. Shores (In Re Shores)District Court, M.D. Florida · 2005
- Debtor Brankle Brokerage & Leasing, Inc. v. Volvo Financial Services (In Re Brankle Brokerage & Leasing, Inc.)United States Bankruptcy Court, N.D. Indiana · 2008
21 more not listed; retrieve them via the Exa API.