Bank of America Corp. is demanding it be allowed to repossess two ski lifts from Tamarack Resort.

In a court hearing set for Thursday with 4th District Court Judge Michael McLaughlin in Boise, the Charlotte, N.C.-based bank's leasing unit is also due to demand cash from the resort's owners, saying they should be held liable for millions after tardy lease payments and other losses.

In 2008, resort owners including Jean-Pierre Boespflug and Alfredo Miguel agreed to make payments to the bank for lifts after once before falling behind on the lease early that year.

According to court documents, however, bankers now contend the resort has not made such payments in the last four months - for lifts and other equipment like a snow plow.

An attorney for Boespflug and Miguel says they're fighting repossession, because new investors that Tamarack is seeking want a resort that hasn't been dismantled chair lift by chair lift.

"They're in negotiations with buyers, and buyers want resort assets intact, or they're not going to want to buy the resort," said T.J. Angstman, Boespflug's and Miguel's attorney, on Wednesday. "If they begin dismantling the resort, that will destroy the negotiations with the buyers."

Angstman declined to characterize talks with potential buyers, saying they're ongoing.

So far, however, Tamarack has been unable to reach agreement with potential new investors it had hoped would come to the rescue, including HDG Mansur Group LLC, with whom talks faltered in November 2008, and Societe Generale, a French bank that balked at a $118 million construction loan in early 2008.

Tamarack, run by court-appointed receivers since late 2008, was shuttered in March after posting millions in losses and after a lending group led by Zurich-based Credit Suisse Group reined in support of operations. Tamarack owes more than $300 million from a syndicated construction loan and penalties to dozens of lenders after running out of cash just as the economy was sinking into recession and demand for vacation property dwindled.

From week to week, Credit Suisse has been allowing just enough funding to preserve assets, including a golf course that's the target of a separate $3.5 million foreclosure lawsuit filed in June by Pacific Continental Bank, of Eugene, Ore.

Now, Bank of America's Delaware-based leasing arm, Banc of America Leasing & Capital LLC, says it wants its lifts back in hopes of being able to sell them to another resort.

The bank says it is "entitled to immediately possess and remove the equipment," according to court documents.

It also argues that Boespflug and Miguel, as well as minority owners Richard Getty and Jerry Barnett, two Washington state businessmen, should pay lost value for the lifts of $3.9 million, as well as obligations of more than $400,000 for the snow plow, a shuttle bus, a Mack truck and other equipment.

A phone call to Brad Goergen, a lawyer in Seattle representing Bank of America, wasn't immediately returned.