Third National Bank v. Wilco Truck Rental, Inc.

MEMORANDUM

MORTON, Chief Judge.

This case is before the court on appeal from the judgment of the bankruptcy judge denying plaintiff’s plea for an equitable lien in a motor vehicle owned by defendant and granting defendant’s motion to dismiss plaintiff’s amended complaint for reclamation. Based upon a rather unusual set of facts and a confusing portion of Florida law, the bankruptcy judge held that plaintiff’s security interest was unperfected and that the defendant’s lien, created when it filed its Chapter XI bankruptcy petition,1 had priority over plaintiff’s security interest. It is the…