In re Doll & Doll Motor Company (09-41138)

The Court looked to Georgia state law on what constitutes a fixture to determine that various pieces of automotive equipment installed in the site of a future car dealership were not fixtures. The sale documents and the behavior of the parties involved in demonstrated an intent to treat the equipment not as fixtures but as personal property, and thus the sale of all the car dealership's "assets," as defined in the sale documents, did not include the sale of the equipment. The Court granted the movant's motion for relief.

Saturday, January 13, 2001