In re Jawad
Bankruptcy Appellate Panel for the Ninth Circuit
2006 WL 6810985 (2006)
Samey Jawad (debtor) entered a finance lease with Michael R. White and Associates (creditor) for a modular office White would purchase in two installments and lease to Jawad over 60 months for nearly $79,000 total; while the main lease tracked UCC § 2A-219(1) by placing risk of loss on the lessor until delivery, an addendum instead deemed the office accepted upon signing the lease rather than upon actual delivery. White paid the first $17,000 installment to the vendor, but the vendor never delivered the modular office to Jawad; after a series of partial payments and two bankruptcy filings, White still sought nearly $49,000 total on its original $17,000 advance, and the bankruptcy court disallowed the claim as unconscionable.
Pursuant to Uniform Commercial Code § 2A-219(1), under a finance lease, does the risk of loss pass to the lessee upon the lessee's acceptance of the leased goods?