IN RE LEASE-A-FLEET, INC.

Bankruptcy No. 91-12996S.

131 B.R. 945 (1991)

In re LEASE-A-FLEET, INC., Debtor.

United States Bankruptcy Court, E.D. Pennsylvania.

September 26, 1991.


Attorney(s) appearing for the Case

Jonathan H. Ganz, Rawle & Henderson, Philadelphia, Pa., for debtor.

Karen Lee Turner, Dechert Price & Rhoads, Philadelphia, Pa., for Lauderhill.

Domenic Pacitti, Lesser & Kaplin, P.C., Blue Bell, Pa., for Meridian Bank.

David E. Fraimow, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., for United Valley Bank.

Frederic Baker, Asst. U.S. Trustee, Philadelphia, Pa.


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...

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