Opinion

Colortyme, Inc. v. Burton (In Re Burton)

  • 128 B.R. 820
  • 1989 U.S. Dist. LEXIS 17522
Court
District Court, N.D. Alabama
Filed
Jul 19, 1989
Status
Published
Author
Allgood
On the bench
Clarence W. Allgood
Cited by
5 cases
Authority
More cited than 72.2%

The opinion

MEMORANDUM OPINION

CLARENCE W. ALLGOOD, Senior District Judge.

For purposes of appeal the above cases have been consolidated as they all involve the same creditor and the same issues.

The issue for determination is whether the Bankruptcy Judge erred as a matter of law in finding that the documents entitled lease agreements by Colortyme, Inc., are in fact true leases or merely disguised sales contracts.

The Bankruptcy Judge examined the full record carefully, reviewing the terms of the “rental agreements”; the applicable sections of the Alabama Code, including the Uniform Commercial Code; and the controlling case law. In conclusion, the court found the transactions were not true leases but disguised security interests.

Colortyme appeals the decisions, contending the court erred as a matter of law in finding the agreement amounted to a sales contract.

After careful consideration of the record and briefs, it is the opinion of this court that the decision of the Bankruptcy Judge in each of these cases is due to be and hereby is AFFIRMED.

An order in conformity with this memorandum opinion will be entered.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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