Legal Opinion

Credit Alliance Corp. v. Penn Hook Coal Co. (In re Penn Hook Coal Co.)

District Court, E.D. Virginia

Decided January 7, 1987No. Bankruptcy No. 7-81-00247-B; Adv. No. 7-85-0001PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION

H. CLYDE PEARSON, Chief Judge.

The issue before the Court is the liability of the Debtor and two guarantors for the deficiency balance claimed by the Plaintiff from the sale of collateral.

The following facts appear from the evidence. On February 22, 1980, the Debtor, Penn Hook Coal Company, Inc. (“Penn Hook”), entered into a contract with Crous-horn Equipment Company, Inc. of Harlan, Kentucky, for the purchase of a John Deere Model 644B wheel loader. The contract called for a cash sale price of $77,-853.00, an initial down payment of $18,-500.00, and monthly payments of…

2Cases cited19 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  3. Otero Mills, Inc. v. Security Bank & Trust (In Re Otero Mills, Inc.)District Court, D. New Mexico · 1982
  4. GAF Corp. v. Johns-Manville Corp. (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1983
  5. Williford v. Armstrong World Industries, Inc.Court of Appeals for the Fourth Circuit · 1983

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3Cited by5 opinions

  1. Credit Alliance Corporation v. Gary L. Williams, and Penn Hook Coal Company, Inc. Malcolm C. Williams, Jr.Court of Appeals for the Fourth Circuit · 1988
  2. In Re VaronaUnited States Bankruptcy Court, E.D. Virginia · 2008
  3. Credit Alliance Corp. v. Penn Hook Coal Co., Inc.District Court, W.D. Virginia · 1987
  4. Chrysler Credit Corp. v. FabrizioFairfax County Circuit Court · 1989
  5. Smith & Smith v. Bowsmith, Inc.Court of Appeals for the Ninth Circuit · 1992

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