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In re Lightning Bolt Leasing, LLC
United States Bankruptcy Court for the Middle District of Florida
Case No. 3:15-bk-05173-JAF (2016)
Lightning Bolt Leasing, LLC (debtor) agreed to make 48 installment payments to Central Truck Finance, LLC (creditor) in exchange for the use of two trucks Central owned. The agreement contained a terminal rental adjustment clause (TRAC) stating that upon the termination of the agreement term, Lightning Bolt would be responsible for an adjustment of the “rental price” upon Central’s sale of the trucks. Specifically, the agreement set a threshold price for each truck. If Central sold a truck for more than its threshold price, Lightning would receive the additional money. If Central sold a truck for less than its threshold price, Lightning Bolt would be responsible to pay Central the deficiency. In March 2015, one of the trucks was totaled in an accident. In November 2015, Lightning Bolt defaulted on its payments to Central. In January 2016, Lightning Bolt filed for bankruptcy. Central filed a motion to lift the bankruptcy stay to permit it to receive insurance payments on the totaled truck and to repossess the other truck. Central also filed a motion to compel Lightning Bolt to either assume or reject the unexpired agreement. Lightning Bolt argued that it could not be required to assume or reject the agreement, because the agreement constituted a security agreement, not a lease. Each party filed a motion for summary judgment.
Rule of Law
Holding and Reasoning (Funk, J.)
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