Legal Opinion
In Re Lease-A-Fleet, Inc.
United States Bankruptcy Court, E.D. Pennsylvania
Decided September 26, 1991No. 19-10052PublishedCited by 14 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge. A. INTRODUCTION
The parties to the instant dispute agree that the result requires application of Pennsylvania law regarding allocation of payments made on account. We believe that the overriding relevant legal principle of that law is that, in the absence of an express contract to the contrary, the obligor has the right to dictate the allocation of payments. We find, on the basis of the present record, that, as to each of the three factual settings in issue, there was no express contract relative to allocation, and that the respective obligors’…
2Cases cited20 opinions
- ROCHEZ BROTHERS, INC., a Pennsylvania Corporation v. Charles R. RHOADES, Appellant, Et Al.Court of Appeals for the Third Circuit · 1975
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Sam E. Brown and Erma Jean Brown v. Freeman WrightCourt of Appeals for the Ninth Circuit · 1978
- Pristas v. Landaus of Plymouth, Inc.Court of Appeals for the Third Circuit · 1984
- Page v. WilsonSuperior Court of Pennsylvania · 1942
15 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pyramid Technology Corp. v. Cook (In Re Cook)United States Bankruptcy Court, E.D. Pennsylvania · 1992
- Morse Operations, Inc. v. Robins Le-Cocq, Inc. (In Re Lease-A-Fleet, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1992
- Lease-A-Fleet, Inc. v. Morse Operations, Inc. (In Re Lease-A-Fleet, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1992
- In Re RothmanUnited States Bankruptcy Court, E.D. Pennsylvania · 1996
- In Re Lease-A-Fleet, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1992
9 more not listed; retrieve them via the Exa API.