In Re Osborne

MEMORANDUM GRANTING OBJECTION TO

AMENDMENT OF CHAPTER 13 PLAN

GEORGE C. PAINE, II, Chief Judge.

I.INTRODUCTION:

This matter comes before the court on an objection filed by King Frog Rentals to the debtors’ proposal to amend this Chapter 13 plan to add King Frog as a secured creditor. The disputed issue is whether the court should construe two rent-to-own contracts as leases or conditional sales of personal property. Applying Tennessee law, the court finds the rent-to-own contracts to be leases subject to the provisions of 11 U.S.C. § 365 of the Bankruptcy Code. The following are findings of fact…