In Re Loiselle

MEMORANDUM

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Beneficial Finance Co. of Rhode Island, a secured creditor of the Bankrupt, has requested the trustee to surrender the subject of its security, and the Trustee refused. Beneficial and the Trustee agree that Beneficial’s lien exceeds the market value of the secured property, (a car), and that there is no equity for the estate. Beneficial then filed an application requesting the Court to order the Trustee to abandon the car. The Trustee objects to the application on the ground that the Trustee is the only party authorized to request…