that the parties to the deal have used” so that a court may “recharacterize the leaseAeaseback transaction as a secured loan rather than an operating lease.” See Kathi W. Borkholder, Ground Leases-Lease/Leaseback Financing Alternatives to Mortgages, 13-FEB Prob. & Prop. 37, 41 (1999). In what appears to be the only reported opinion considering the question, Scottsdale Assocs., Inc. v. Seatrain Lines, Inc. (In re Seatrain Lines, Inc.), 20 B.R. 577, 582 (Bankr.S.D.N.Y.1982), the court recharacterized a leaseAeaseback arrangement as a form of mortgage. Recharac-terization is similarly required here; United has overcome the presumption that the terminology used by the parties accurately reflected the economic substance of their agreements. See In re PCH Assocs., 804 F.2d at 200 (<HOLDING>). Other arguments of the leaseback defendants.
recognizing presumption holding evidence insufficient to overcome presumption of correctness recognizing presumption and finding that it was overcome recognizing this presumption recognizing irrebuttable presumption as synonymous with conclusive presumption which is a presumption that cannot be overcome by any additional evidence or argument because it is accepted as irrefutable proof that establishes a fact beyond dispute