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IN RE MULLEN

Bankruptcy No. 79-657-ORL-BK-M, Adv. No. 1.

4 B.R. 748 (1980)

In re Joseph G. MULLEN, Jr., Bankrupt. Morton KOSTO, Trustee, Plaintiff, v. Joseph G. MULLEN, Jr., and George W. Hollowell, Defendants.

United States Bankruptcy Court, M.D. Florida, Orlando Division.

July 21, 1980.

Attorney(s) appearing for the Case

Morton Kosto, Orlando, Fla., for plaintiff.

Andrew Baron, Orlando, Fla., for defendants.

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...

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