IN RE TRUSTY

Bankruptcy Nos. 95-01801-BGC-13, 95-03259-BGC-13 and 95-03588-BGC-13.

189 B.R. 977 (1995)

In re Kristina TRUSTY, Debtor. In re Thomas F. HOBBS, Sr., Debtor. In re Shelly J. LONG, Debtor.

United States Bankruptcy Court, N.D. Alabama, Southern Division.

November 9, 1995.


Attorney(s) appearing for the Case

Mary Amos, Birmingham, AL, for Debtor Kristina Trusty.

Michael Trucks, Fairfield, AL, for Debtor Thomas F. Hobbs, Sr.

Rebecca Bozeman, Birmingham, AL, for Debtor Shelly J. Long.

David P. Rogers, Jr., Chapter 13 Standing Trustee.

John Frawley, Irondale, AL, for Action Rentals, Inc. and Furniture Plus, Inc.


ORDER DENYING MOTIONS FOR RELIEF FROM STAY

BENJAMIN COHEN, Bankruptcy Judge.

The three cases subject to this order are not consolidated but are connected by a common issue. That issue is whether a rent-to-own agreement is a lease for rental of property or is a security agreement representing a sale of property. In each case the non-debtor merchant has asked this Court for relief from the automatic stay to allow it to pursue whatever non-bankruptcy remedies...

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