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CH 11 - disguised loan as lease - what do I need to file to treat
The 60 day period to start paying on the leases is coming up in a few weeks
(365(d)(5)). What do I need to file if I want to strip down the leases as
disguised loans? Is there a motion I file or do I just put it in the plan?
If the debtor is going to treat as a loan, then does debtor not have to pay
lease contract payment per 365(d)(5) after day 60 and instead pay based on
value (or as agreed to by creditor)?
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
The 60 day period to start paying on the leases is coming up in a few weeks (365(d)(5)). What do I need to file if I want to strip down the leases as disguised loans? Is there a motion I file or do I just put it in the plan? If the debtor is going to treat as a loan, then does debtor not have to pay lease contract payment per 365(d)(5) after day 60 and instead pay based on value (or as agreed to by creditor)?
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