Lease/Option, Bankruptcy And Recharacterization
I am looking for any case law on the recharacterization of a lease/option agreement as a disguised loan. For example, buyer purchases home in forclosure from seller and lease/options the home back to the seller. The previous homeowner then files bankruptcy after becoming a tenant and the bankruptcy court recharacterizes the lease/option as a disguised loan.
I have done extensive research of bankrupty court cases across all circuits and states and I have been unable to find any court decisions analyzing this issue. I have been using Loislaw for the research.
Attorney William Bronchik has written some articles on the subject but no cases are cited.
Thank you
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