Matter of Mueller

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

In its Motion for Relief from Stay or Adequate Protection (Fil. # 15), plaintiff, Barry J. Nelson, d/b/a B.J. Nelson Transportation, seeks relief respecting two trailers which plaintiff sold to debtor under an oral contract. Plaintiff retained title to the trailers to secure payment of the purchase price. Plaintiff is the registered owner of the trailers on the certificates of title. Debtor has possession and use of the trailers. In resistance to the motion for relief from stay, debtor has raised an innovative defense under Neb.Rev.Stat. §…