In Re Edwards Equipment Co.

MEMORANDUM DECISION AND ORDER

ROBERT L. BERRY, Bankruptcy Judge.

This matter came on before the court on motion for abandonment and relief from the automatic stay, pursuant to 11 U.S.C. §§ 554(b) and 362, filed by Borg-Warner Acceptance Corporation (hereinafter “BWAC”) against the debtor, Edwards Equipment Company (hereinafter “Edwards”), with respect to certain equipment of Edwards. Edwards responded, alleging that BWAC had not properly perfected its security interest and therefore Edwards possesses a superior interest in the subject equipment pursuant to 11 U.S.C. § 544(a). 1

The sole issue…