No equity builds for Debtor during the agreements but is acquired only if the trailers are purchased. The final compensation to Trans Lease was fixed at the time the agreement was made, whether Debtor or someone else purchased the trailers. Finally, there is no evidence that the trailers' useful life mirrors the term of the agreement. Other case law is supportive. Therefore, based on these circumstances and the Colorado statutes and present case law, the scales are tipped in Trans Lease's favor that the agreements are true leases.
Debtor is correct that the parties' intent, as determined by the facts of each case, is important.
The Court is confident, however, that testimony would yield a stalemate since both parties would testify in support of their cause. An appropriate order shall be entered.