removing equipment-chapter 11 question..
we did an install at a business and had problems getting them to pay. almost 2 months later they claim they are/where in chapter 11 bankruptcy court.
on our signed invoice it states that" if payment is not made as agreed ,seller can remove said equipment, and shall not be responsible for any damage resulting from removal therof"
the only thing I'm not sure of legally is does that still stand if they are in chapter 11 or not and does that depend on if they knew they were in chapter 11 when we did the work and didn't tell us or not.
When did they file chap 11?
If they filed after you did the work then you are an unsecured creditor and if you want to recover you better scoop up your equipment. Better to seek forgiveness after the fact then permission before!
If they filed before you did the work, two things come to mind
1. your invoice goes to the top of the list OR 2. by with holding that important piece of information sounds like fraud or theft by deception. Now in some places a local prosecutor would be on that. Places like our big city with big problems they DA could care less.
Your call but I would scoop up the outdoor unit and recover something. Without the benefit of legal advice I think the reasonable person doctrine would be in effect.