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True Lease or Secured Transaction?

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In re Scorpion Fitness, Inc., et al., 2020 Bankr. Lexis 1294 (Bankr. S.D. N.Y. May 18, 2020) raised the question of whether the misdescription of a party in the loan documentation would invalidate an entire security interest. The court held that it would not.

Scorpion Fitness, Inc. was formed to develop and operate a high-end fitness facility in New York. The investment vehicle through which one could become an investor in the fitness center was Scorpion Club Ve…

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