Legal Opinion

Chrysler Corp. v. Monroeville Dodge, Ltd. (In re Monroeville Dodge, Ltd.)

District Court, W.D. Pennsylvania

Decided April 11, 1994No. Bankruptcy No. 93-22587-BM; Motion No. 94-058MPublished

1Opinion of the Court

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Chrysler Corporation (hereinafter “CC”) has brought a motion seeking payment of its chapter 11 administrative claim and permission to satisfy the claim pursuant to a provision in an assumed executory contract which authorized CC to “apply” any “credit” due and owing to debtor to any debt owed by debtor to CC.

Debtor does not object to allowance of CC’s administrative claim in the amount requested. It does object, however, to CC’s request to satisfy the claim pursuant to the assumed executory contract. According to debtor, the provision in…

2Cases cited11 opinions

  1. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  2. Scarano v. Central R. Co. Of New JerseyCourt of Appeals for the Third Circuit · 1953
  3. Oneida Motor Freight, Inc. v. United Jersey BankCourt of Appeals for the Third Circuit · 1988
  4. Fleck v. KDI Sylvan Pools, Inc.Court of Appeals for the Third Circuit · 1992
  5. Delgrosso v. Spang & Co.Court of Appeals for the Third Circuit · 1990

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