In Re APB Online, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that courts “measure nomi-nality by comparing the option price to the ... fair market value at the time the option is exercised”
• considering recharacterization as defense to lessor request for lease payments as administrative claim, presumably under Bankruptcy Code section 503 or section 365(d)(10)
• declining to consider affidavit testimony because affiant did not “participate[] in the lease transactions or the computation of the option prices” and holding that the “record is insufficient to permit [the court] to conclude ... that the ... option price was or was not nominal”
• Chapter 11 debtor and creditors' committee challenged true lease status by opposing lessor’s motion for allowance and payment of administrative expense claim
• agreement permitting the lessor to execute a UCC financing statement evidence of a disguised security agreement

Source: CourtListener parenthetical corpus (CC0).