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IN RE HP DISTRIBUTION, LLP

Bankruptcy Nos. 09-12310, 09-12308. Adversary No. 09-5258.

436 B.R. 679 (2010)

In re HP DISTRIBUTION, LLP., Debtor. In re Hitchin Post Steak Co., Debtor. Hitchin Post Steak Co., Plaintiff, v. General Electric Capital Corporation, Defendant.

United States Bankruptcy Court, D. Kansas.

September 3, 2010.

Attorney(s) appearing for the Case

Mark J. Lazzo , Wichita, KS, for Plaintiff.

Alexander Terras, Quarles & Brady LLC, Chicago, IL, Scott M. Hill , Hite, Fanning & Honeyman L.L.P., Linda S. Parks , Wichita, KS, for Defendant.

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

These cross-motions for summary judgment seek the Court's determination whether certain truck lease agreements between Hitchin Post Steak Co. ("HPS") and General Electric Capital Corporation ("GECC") are true leases or disguised security agreements. These motions were argued to the Court on July 13, 2010.1 At stake here is whether HPS must cure and assume these leases in...

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