In Re Ernie Haire Ford, Inc.

403 Bankr. 750 (2009)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

In Re Ernie Haire Ford, Inc.

United States Bankruptcy Court for the Middle District of Florida
403 Bankr. 750 (2009)

  • Written by Rose VanHofwegen, JD

Facts

Ernie Haire Ford, Inc. (the dealership) (debtor) sold cars to customers who needed financing. The dealership negotiated a retail installment contract with each customer and obtained from them information needed to assess creditworthiness. The dealership’s finance department then shopped each loan package to auto-finance companies that had contract-purchase agreements with the dealership. The finance companies assessed the loan terms and the customer’s creditworthiness, decided which loan package to buy, and paid the dealership enough to pay the balance owed on the car plus a commission to the dealership for originating the loan. The customers made car payments directly to the finance companies, who had no recourse against the dealership if a customer defaulted. The contract-purchase agreements were terminable at will and without cause by either party, with notice. When the dealership filed for reorganization under Chapter 11, within days each finance company notified the dealership that its account had been “deactivated” such that the companies would no longer finance customers who bought cars there. The finance companies said they had policies that required them to terminate the contract-purchase agreements. The dealership moved to compel the lenders to comply with the contract-purchase agreements.

Rule of Law

Issue

Holding and Reasoning (Williamson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership