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In Re Eagle Enterprises, Inc.

District Court, E.D. Pennsylvania

Decided August 16, 1999No. CIV. A. No. 98-4749. Bankruptcy Nos. 98-11297, 98-11298PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM

WALDMAN, District Judge.

I.Introduction

This is an appeal from a final order of the United States Bankruptcy Court. Appellant United Container Services (Deutschland) GmbH essentially argues that the Bankruptcy Court erred in applying Pennsylvania law in determining that certain contracts between it and the debtors styled as “purchase lease agreements” were in fact disguised sales and not true leases. Appellant contends that those agreements contained choice of law provisions indicating that they would be governed by German law which would treat the agreements as true leases.

II.Standard…

2Cases cited17 opinions

  1. In Re David Larry Davis, Debtor. Charles A. Gower, Trustee v. Farmers Home AdministrationCourt of Appeals for the Eleventh Circuit · 1990
  2. Fisher v. ApostolouCourt of Appeals for the Seventh Circuit · 1998
  3. American Bankers Insurance Company of Florida, and United States Fidelity & Guaranty Company v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B., United States Fidelity & Guaranty Company, and American Bankers Insurance Company of Florida v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B., United States Fidelity & Guaranty Company American Bankers Insurance Company of Florida v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B.Court of Appeals for the Fourth Circuit · 1996
  4. In Re: Ben Franklin Hotel Associates, Debtor Ben Franklin Hotel AssociatesCourt of Appeals for the Third Circuit · 1999
  5. In Re the Drexel Burnham Lambert Group, Inc.United States Bankruptcy Court, S.D. New York · 1991

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3Cited by7 opinions

  1. C & J Vantage Leasing Co., Assignor to Frontier Leasing Corp., Assignee v. Thomas Wolfe D/B/A Lake Macbride Golf Course and Thomas Wolfe, IndividuallySupreme Court of Iowa · 2011
  2. PSINet, Inc. v. Cisco Systems Capital Corp. (In Re PSINet, Inc.)United States Bankruptcy Court, S.D. New York · 2001
  3. Citipostal, Inc. v. Unistar LeasingAppellate Division of the Supreme Court of the State of New York · 2001
  4. In re MasonUnited States Bankruptcy Court, E.D. North Carolina · 2019
  5. In re: Herbert M. Zukerkorn Jennifer ZukerkornUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012

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