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MATTER OF ELLIOTT

Bankruptcy No. BK80-1957, Adv. No. 80-530.

18 B.R. 602 (1982)

In the Matter of Sherry Willetta ELLIOTT a/k/a Sherry Willetta Fields, Debtor. Sherry Willetta ELLIOTT a/k/a Sherry Willetta Fields, Plaintiff, v. C.A.R.I.T.V. & APPLIANCE RENTALS AND SALES, Defendant.

United States Bankruptcy Court, D. Nebraska.

March 24, 1982.

Attorney(s) appearing for the Case

Gary L. Fischer, Omaha, Neb., for debtor/plaintiff.

Peter L. Miller, Omaha, Neb., for defendant.

MEMORANDUM AND ORDER

DAVID L. CRAWFORD, District Judge.

The issue before the Court is whether a "Rental Agreement" containing an option to purchase is a true lease or a security agreement. This action arises out of two purported rental agreements entered into December 21, 1979, between Plaintiff-Debtor, Sherry Willetta Elliott, and C.A.R.I.T.V. and Appliance Rental and Sales (CARI). The rental agreements cover two pieces of stereo equipment and provide that...

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