Bank One, Dayton, N.A. v. Bavely (In Re Phillips)

DECISION DENYING ABANDONMENT OF AUTOMOBILE and AVOIDING LIEN THEREON

BURTON PERLMAN, Chief Judge.

Now before us is a matter in which the trustee seeks to avoid as a preference the security interest granted to Bank One, Dayton, N.A. (Bank) in Robert L. Phillips’ (debtor’s) automobile. The parties have submitted the issue of the validity of Bank’s lien for a determination on the merits by the court. This matter is before the court on Bank’s request for the trustee to abandon the automobile, trustee's objection to the proposed abandonment, joint stipulations and various memoranda of the parties.…