In Re Edison Bros. Stores, Inc.

How courts have described this case

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

• applying the reasoning of cases from a variety of jurisdictions to analysis of N.Y. U.C.C. § 1-201(37)
• considering recharacterization defense in context of motion to compel payments under section 365(d)(10)
• true lease status challenged by Chapter 11 debtor in response to equipment lessor's motion for an order requiring assumption or rejection of the purported lease agreement
• where the lessor receives consideration that amounts to a return on its investment, a sale is likely to have been intended
• “The proper way to determine whether an option price is nominal is to examine what the parties, at the inception of the transaction, anticipated the fair market value would be at option time.”
• “[T]he fact that the role of the lessor is that of a financier is inconclusive to show that a disguised secured transaction was intended because this kind of three party transaction is typical in true lease[s] as well as in installment sales.”

Source: CourtListener parenthetical corpus (CC0).