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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ford Motor Credit Co. v. Webb-Elkhorn Coal Corp., 775 S.W.2d 945 (1989)

Citation
Ford Motor Credit Co. v. Webb-Elkhorn Coal Corp., 775 S.W.2d 945 (1989)
Parent Document
Ford Motor Credit Co. v. Webb-Elkhorn Coal Corp., 775 S.W.2d 945 (1989)
Jurisdiction
Kentucky (state)
Effective Date
1989-09-01

Full Text

1,098 chars
KRS 355.1-201(37), defining “security interest,” provides that the reservation of title by the lessor in a lease agreement is not a security interest unless it is intended as security; whether a lease is intended as security “is to be determined by the facts of each case.” This subsection goes on to state that the inclusion of an option to purchase does not of itself make the lease one intended for security, and an agreement that upon compliance with the terms of the lease, the lessee shall become or has the option to become the owner for no further consideration or only nominal consideration does not make the lease one intended for security. KRS 355.9-102(2) specifically applies Article 9 to a lease “intended as security.” Thus, by the provisions of the Code itself, KRS 355.9-504(3) applies only if the lease between the appellant and the appellee was intended as security and this intent is to be determined by the facts of the case. In short, the question is *947whether this is a true lease, or merely an installment sale with a security interest retained under the guise of a lease.