Kosto v. Mullen (In re Mullen)

MEMORANDUM DECISION

GEORGE L. PROCTOR, Bankruptcy Judge.

This is an action to determine the validity, extent, and priority of a lien. Defendant has a lien noted on the title of an automobile owned by the debtor. The Trustee claims that the lien is invalid and thus subordinate to his rights as a hypothetical lien creditor.

Plaintiff argues that because there is no written agreement to support the claimed security interest, it is invalid under the Rule enunciated in Coplan Pipe & Supply Co. v. McCann, 132 So.2d 632 (Fla.3d DCA 1961). The defendant states that he and the lienor lived together and…