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IN RE MORRIS

Bankruptcy No. 92-44932-399.

150 B.R. 446 (1992)

In re Wilford MORRIS, Marinda Morris, Debtors.

United States Bankruptcy Court, E.D. Missouri, E.D.

October 28, 1992.

Attorney(s) appearing for the Case

Jay R. Burns, St. Louis, MO, for D.L. Cole and Associates, Inc.

Terri Weik, St. Louis, MO, for debtors.

John V. LaBarge, Jr., Kirkwood, MO, Chapter 13 Trustee.

MEMORANDUM OPINION AND ORDER

BARRY S. SCHERMER, Chief Judge.

INTRODUCTION

The issue before the Court in this objection to plan confirmation is whether a "rent-to-own" contract is a true lease or a conditional sales contract. Resolving this question brings into conflict the applicability of two Missouri statutes: (1) section 400.1-201(37) of Missouri's Commercial Code and (2) section 407.661(6) of Missouri's Rental Purchase Agreement Law. The creditor...

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