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Mechanic's Lien Perfection Post Petition
Am I missing something here? Has anyone done any research or had
experience with this issue. The absurdity of the opposing argument
just gives me some cause for concern that I am not right!
Best regards. Lou Esbin
wrote:
> I agree with your conclusion that it is a stay violation.
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem
> 500 N. Brand Blvd., #460, Glendale, CA 91203
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Personal & small business bankruptcy specialist cert. by State
Bar of
> CA Bd of Legal Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of
Certification
>
>
>
>
>
> -----Original Message-----
> Sent: Thursday, October 14, 2004 2:52 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Mechanic's Lien Perfection Post Petition
>
>
>
>
>
> I have a Chapter 13 Case in which the residence is being sold. Pre-
> petition, a swimming pool contractor began work that was never
> completed. Post-petition, the swimming pool contractor recorded a
> mechanic's lien and is demanding payment from escrow. Counsel for
> the swimming pool contractor was given a 362 letter. He insists
that
> the recording of the mechanic's lien is exempt from the stay under
362
> (b)(3). State law says that one providing services or material to
a
> homeowner has a statutory lien. The lien is perfected by
> commencement of an action following notice. Case law says that if
> all is left is perfection in the post petition period, than the
> perfection is through notice under 546(b), instead of a lawsuit to
> foreclose.
>
> QUESTION: Can a swimming pool contractor, who did not file a
> mechanic's lien pre-petition, record a mechanic's lien post-
petition,
> and not be in violation of the stay?
>
>
>
>
>
>
>
>
>
>
> Yahoo! Groups Links
The post was migrated from Yahoo.
I have a Chapter 13 Case in which the residence is being sold. Pre-
petition, a swimming pool contractor began work that was never
completed. Post-petition, the swimming pool contractor recorded a
mechanic's lien and is demanding payment from escrow. Counsel for
the swimming pool contractor was given a 362 letter. He insists that
the recording of the mechanic's lien is exempt from the stay under 362
(b)(3). State law says that one providing services or material to a
homeowner has a statutory lien. The lien is perfected by
commencement of an action following notice. Case law says that if
all is left is perfection in the post petition period, than the
perfection is through notice under 546(b), instead of a lawsuit to
foreclose.
QUESTION: Can a swimming pool contractor, who did not file a
mechanic's lien pre-petition, record a mechanic's lien post-petition,
and not be in violation of the stay?
The post was migrated from Yahoo.