General Electric Credit Corp. v. Cleary Bros. Construction Co. (In Re Cleary Bros. Construction Co.)

MEMORANDUM DECISION

THOMAS C. BRITTON, Bankruptcy Judge.

Plaintiff, a secured creditor, seeks judgment for $10,668 presently held by the Examiner in this chapter 11 case (C.P. No. 1). The four defendants have answered, all but one opposing plaintiff’s claim (C.P. Nos. 5, 6, 7 and 9). The matter was tried on October 7.

The facts are simple and undisputed. The money represents rent paid for the use of a crane for ten days during February 1980. The crane was owned by and in the possession of the debtor who bought it in 1978. The crane was leased by the debtor in possession without plaintiff’s…