The Bankruptcy Court is a court of equity. See 11 U.S.C.A. § 105(a); In re Ranch House of Orange-Brevard, Inc., 773 F.2d 1166 (11th Cir. 1985) on remand 78 B.R. 323 (Bkrtcy.M.D.Fla. 1987). It is a longstanding maxim of equity that "where one of two innocent parties must suffer a loss, the one who made possible the loss must bear it," In re Continental Casualty Co. v. Associated Plastics, Inc., 347 So.2d 822 (Fla. 3rd D.C.A. 1977). The equities of this case do not favor the Bank and it should not be favored with relief, In re Smith v. Pattishall, 127 Fla. 474, 129 Fla. 498, 176 So. 568 (1937).

" The first applicable maxim is that "equity will not suffer a wrong to be without a remedy." See 22 Fla. Jur.2d, "Equity," § 59. The second applicable maxim is that, where one of two innocent parties must suffer a loss, the one who made possible the loss must bear it.Id., § 86; Continental Cas. Co. v. Associated Plastics, Inc., 347 So.2d 822 (Fla. 3d DCA 1977). Because the City and Board could not revoke Piñon's DROP election and restore him to the status quo ante, an equitable adjustment plainly required an actuarial analysis and adjustment awarding Piñon that which he would have received had he not made the election. When the Board instead fashioned a remedy based on the avoidance of expense to the Board and City rather than on the harm caused to the employee, it departed from the essential requirements of the ordinance and awarded an inequitable adjustment.

Id. at 314 (emphasis added). Cf. Continental Cas. Co. v. Associated Plastics, Inc., 347 So.2d 822 (Fla. 3d DCA 1977) (owner not liable to subcontractor who submitted forged lien waivers since owner acted in good faith). In Richard's Lumber Supply Co. v. National Bank of Joliet, 336 N.E.2d 820, 822 (Ill. 1975), an Illinois appeals court faced a similar issue to the one at bar.

Two 1977 decisions of the Third District Court of Appeal did not eliminate the confusion in this area. In Continental Casualty Company v. Associated Plastics, Inc., 347 So.2d 822 (Fla. 3d DCA 1977), the court was confronted with a situation in which the original owner and subsequent owner secured a transfer bond. The opinion did not state whether either or both of the owners were named as principals on the bond.

Phoenix Insurance Company v. McQueen, 286 So.2d 570 (Fla. 1st DCA 1973). Estoppel has been applied to bar enforcement of liens. See Lehman v. Snyder, 84 So.2d 312 (Fla. 1955); Continental Casualty Company v. Associated Plastics, Inc., 347 So.2d 822 (Fla. 3d DCA 1977). Haggerstrom's conversation with Coe provides a basis for the trial court's decision.

Where one of two innocent parties must suffer a loss as the result of the default of another, the loss shall fall on the party who is best able to avert the loss and is the least innocent. Continental Casualty Co. v. Associated Plastics, Inc., 347 So.2d 822 (Fla. 3d DCA 1977) (quoting from Bryon v. Owsley Lumber Co., 201 So.2d 246, 249 (Fla. 1st DCA 1967)). We are not able to find a reason for attributing any blame for the Lallys' loss to the Joneses.

Affirmed. See Hub Cap Heaven, Inc. v. Goodman, 431 So.2d 323 (Fla. 3d DCA 1983); Continental Casualty Co. v. Associated Plastics, Inc., 347 So.2d 822 (Fla. 3d DCA 1977).

Here, there is a favorable specific allegation that commencement occurred on April 20 and merely an inference which may be drawn to the contrary from the exhibit, but which is itself dispelled by other allegations. Nor is there anything like the knowingly false and misleading partial release of lien which was held in Continental Casualty Co. v. Associated Plastics, Inc., 347 So.2d 822 (Fla. 3rd DCA 1977), which the defendants also cite, to have given rise to an equitable estoppel against the materialman which filed it. In this case, there is no showing either of a knowing falsehood or of any detrimental reliance by the owners.

Further, as to the promise by the officer of the holding company, though argued, the record reveals no such promise. There being no other allegation of actual misrepresentation, and no proof of misrepresentation, the case of Continental Casualty Company v. Associated Plastic, Inc., 347 So.2d 822 (Fla. 3rd DCA 1977) has no applicability. The learned trial judge and both parties to this appeal treat the issue as being controlled by the Uniform Commercial Code adopted by the Florida legislature in 1965.