Carlson v. Central Trust Bank

PREWITT, Judge.

Plaintiff, trustee in bankruptcy for the bankruptcy estate of Genaro Jimenez and Rose Marie Jimenez, filed a two count “PETITION TO DETERMINE EXTENT AND VALIDITY OF LIEN”. Count I requested the trial court to determine that a lien claimed by defendant on a motor vehicle titled to the bankrupts was unperfected and void as to plaintiff. Count II sought recovery of “preferences” paid by the bankrupts to defendant.

Defendant moved to dismiss the petition, claiming that the circuit court lacked jurisdiction to entertain it. The trial court sustained the motion and dismissed the…