In Re Phillips

RALPH H. KELLEY, Chief Judge.

The court must decide whether the debt- or in bankruptcy (Phillips) or Middle Tennessee Industrial Development Association (MTIDA) was owner of some garment industry equipment at the time Phillips filed her bankruptcy petition. The parties have agreed that if Phillips owned the property at the time of her bankruptcy then the trustee is entitled to the money, since MTI-DA did not have a perfected security interest which would be superior to the trustee’s rights. 11 U.S.C. § 544(a)(1) & (2); Tenn.Code Ann. § 47-9-109(2) (definition of equipment); § 47-9-302 (filing…