Mechanic's Lien Perfection Post Petition
Posted: Fri Oct 15, 2004 11:17 am
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
>
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> 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?
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