Shelby Motel Group, Inc. v. First Alabama Bank (In re Shelby Motel Group, Inc.)
Opinion of the Court
Debtor Shelby Motel Group, Inc. (“Shelby”) appeals the district court’s order affirming the bankruptcy court’s conclusion that Shelby’s agreement with the Industrial Development Board of Vincent, Alabama is a lease within the meaning of 11 U.S.C. § 365(d)(4). Finding no relevant distinctions between the circumstances of this case and the circumstances presented in In re Martin Bros. Toolmakers, Inc., 796 F.2d 1435 (11th Cir. 1986), we affirm.
Shelby argues on appeal that the present case is distinguishable from Martin because provisions in the agreement entitle Shelby to purchase the property for a nominal consideration upon full payment of the bonds plus interest, fees and expenses of the trustee and to purchase portions of the real property for no consideration. Shelby argues that these provisions offer conclu
We went on to discuss the vital role played by the Alabama industrial development statutory scheme. We rejected the notion that the documents created a mortgage instead of a lease because of the part played by the Industrial Development Board in the transaction and because the interest on the bonds was tax exempt in light of the interplay between the Alabama statutory scheme and the federal income statutes.
It should be clear from the Martin case, and we emphasize here, that the holding in that case is limited to those transactions involving Alabama Code § 11-54-1 et seq., Acquisition and Development of Lands for Industrial Parks. These cases do not involve typical two-party leases containing an option to purchase.
AFFIRMED.
Reference
- Full Case Name
- In re SHELBY MOTEL GROUP, INC., Debtor. SHELBY MOTEL GROUP, INC. v. FIRST ALABAMA BANK, an Alabama Banking Corporation, and The Industrial Development Board of the Town of Vincent, Alabama
- Cited By
- 1 case
- Status
- Published