Waldschmidt v. Ranier (In Re Fulghum Construction Corp.)

ORDER

RUSSELL H. HIPPE, Jr., Bankruptcy Judge.

This adversary proceeding was initiated by the interim trustee to assert ownership and lien rights on behalf of the estate in certain heavy construction equipment in the possession of the debtor. The original defendants were the two partners and their partnership, which owns all of the outstanding stock of the debtor and claims to own most of its equipment. They insist that the partnership is entitled to immediate possession of the equipment by virtue of a request for relief from the automatic stay, the court not having held a hearing on that…