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· 12/18/2001

PSINet, Inc. v. Cisco Systems Capital Corp. (In Re PSINet, Inc.)

Citations

  • 271 B.R. 1
  • 2001 Bankr. LEXIS 1653
  • 2001 WL 1657612

How courts have described this case

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

  • stating that § 157(b)(2)(A) can be used, given the careful determination of the bankruptcy judge, to label an adversary proceeding involving a contract action as a core proceeding
  • stating that § 157(b)(2)(A) can be used, given the careful determination of the bankruptcy judge, to label an adversary proceeding involving a contract action as a core proceeding
  • stating that § 157(b)(2)(A) can be used, given the careful determination of the bankruptcy judge, to label an adversary proceeding involving a contract action as a core proceeding
  • recognizing the presence of any one of the four criteria indicates the lessor did not retain a residual interest in the property and therefore, the lease is not a true lease
  • noting recharacterization claims raised in stand-alone adversary proceeding before the Court were “no less core than they would be if they had been brought the way they so frequently are, in connection with a litigated dispute (most commonly, a contested matter) under title 11....”
  • “[The debtor] cannot terminate its obligations pursuant to the ... Agreement without incurring an obligation to [the lessor] for the full cost of the equipment. Therefore, the first part of the statutory test is satisfied.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Robert E. Gerber

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.