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Bond Airport Financed Leases
The United Air Lines bankruptcy case has spawned several reported decisions, at the bankruptcy court level, the district court level and the circuit court level.
One key bankruptcy court decision, currently the subject of appeals to the district court for the Northern District of Illinois, is the summary judgment determination that three out of four leases executed in connection with bond-financed airport facilities are “disguised” financing devices and not true leases. In re UAL Corporation, 307 B.R. 618 (Bankr. N.D. Ill. 2004). The decision offers some guidance to practitioners regarding the definition of a “true lease.”
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