In Re Wiegand

An adjudication was made, upon a voluntary petition, on December 12, 1938.

The first meeting of creditors was held on January 3, 1939, at which time the trustee was elected.

The only assets listed in the bankrupt’s schedules, other than his wearing apparel, for which he claimed exemption, is a De Soto automobile, turned over to the trustee.

On January 17, 1939, the trustee filed a petition before the Referee, claiming ownership of the automobile and seeking an order to show cause directed to one Winnie H. Lenn, a lien claimant by virtue of a chattel mortgage on the automobile. The trustee challenged the validity of the lien.

After a hearing before the Referee, he ruled that the automobile belonged to the trustee free of the claimed lien.

The evidence presented at the hearing before the Referee, as summed up by him in his decision, was:

A receipt in favor of the bankrupt, dated June 3, 1936, and signed by the Rad-cliff Motor Company of Kansas City, Mo., for the sum of $610.05, which “appears to be a receipt for the purchase price of the De Soto automobile.”

A promissory note signed by the bankrupt in favor of Winnie H. Lenn for the same amount of money, to-wit: $610.05,…