In Re Pch Associates, F/k/a Simon Associates, Debtor. Liona Corporation, N v. V. Pch Associates

How courts have described this case

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

• looking to the economic substance of the transaction to determine whether it was a sale or a lease within the meaning of the Code
• \label neither governs rights of third parties nor affects the legal consequences of the parties' agreement\
• “label neither governs rights of third parties nor affects the legal consequences of the parties’ agreement”
• “[E]ven apart from the propriety of admitting parol evidence ... to clarify ambiguity, it was not error to look behind the form of the agreements to the economic substance of the transactions.”
• “[T]he bankruptcy court is to look to the circumstances of the case and consider the economic substance of the transaction rather than . . . the form of the transaction.”
• judges must look at the totality of circumstances and are not bound by labels

Source: CourtListener parenthetical corpus (CC0).