Cohen v. Spinelli (In Re Simonelli)

MEMORANDUM OPINION

GEORGE L. PROCTOR, Bankruptcy Judge.

This matter came before the Court on the trustee/plaintiff’s complaint to invalidate lien. Defendant is the seller of a motorboat to the debtor to whose bankruptcy case this adversary is related. No material facts are at issue. The sole task before the Court is the determination of the effects on the rights of the parties of two Florida Statutes, i.e., F.S. Sec. 671.1-201, a definitional section of the Florida Uniform Commercial Code (U.C.C.), and F.S. Sec. 328.15, which sets out the requirement for preservation of security interests in…