Legal Question in Bankruptcy in Tennessee

Rent to own and bankruptcy

I own a company dealing in forklifts. We rented a lift to a large company in 2002. In december of 2002 they decided they wanted to rent to own the lift. However, they did not want the corporate office to see it as a rent to own. So, we drew up the papers as a rental guaranteed for 2 years. We recieved a P.O. number from the corporate offce and started the rental process. They moved the lift from Tennessee to Kentucky without our knowledge. In the contract it says the lift can not be moved from the location it was rented to. After that they stopped paying for the lift and then they filed bankruptcy. In the contract it says if the company fails to make 1 payment we can pick up the lift. Everytime we have contacted the company they will notlet us pick up the lift. Regardless of the circumstance, they breached the contract. Can we legally go take our lift even though they have filed bankruptcy or what can we legally do? The way I see it the courts can not keep me from getting my lift back.


Asked on 6/30/07, 12:16 am

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Rent to own and bankruptcy

Before you can do anything, you have to file a Motion to Lift Stay in the bankruptcy court. If that relief is granted, you can take action to obtain a return of the lift.

If you need additional information, you can contact me at [email protected].

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Answered on 7/01/07, 4:20 pm


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