Fifth Circuit Holds that Disguised Financing is not Entitled to Administrative Priority Claims

Equipment Leasing on Mechanism of Metallic Cog Gears with Lens Flare - Communication Concept. Equipment Leasing Metal Gears - Communication Concept. with Glow Effect. 3D Render.

“To Lease or Not to Lease?” Whether an equipment lease is characterized as a true lease or a disguised financing in a bankruptcy setting determines what rights and remedies are available to the lessor. For example, if the lease is deemed to be a disguised financing, a debtor may retain possession of the leased property… Continue reading Fifth Circuit Holds that Disguised Financing is not Entitled to Administrative Priority Claims