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#1
11-23-2005, 01:50 PM
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bankrupcty and Mechanics lienWhat is the name of your state? PA I filed Chp 7 in 6/05 and included in that filing was a debt for a painting contractor. The chp 7 was discharged in 10/05 and just this week I received from the sheriff paperwork that this painting contrator has filed a mechanics lien for the debt. I have to respond within 20 days to this mechanics lien. The dollar amount in the chpt 7 is exactly the same amount as this lien. This was an unsecured debt and the contractor did not contest the debt. Can he do what he did and is this lien valid? i am really upset as now I have to pay more $$ to defend myself! |
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#2
11-23-2005, 06:03 PM
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| This is a difficult area and you would be well-advised to consult your BK attorney. If you didn't use one, now might be a good time to retain counsel or, at least, re-post this matter in the Bankruptcy Forum. Mechanic's liens are creatures of statute, and the complex rules differ from state to state. To make matters worse, yours in one of the few states to recognize inchoate liens. These relate back to the date when labor was first supplied or work first done and, if a lien did not exist at the time of your filing, it's my understanding that it can be perfected despite the Automatic Stay. Whether it can be initiated after a discharge and despite the creditor being listed is something you should discuss with PA bankruptcy counsel. It's possible that you should have filed a motion to avoid the lien, and you may be able to re-open the bankruptcy to do that. Then, again, you may find that it's less expensive to pay the contractor. Last edited by Chien; 11-23-2005 at 06:51 PM. |
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#3
11-25-2005, 01:20 AM
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| Here is a site with some more info on these liens: [url]http://www.fullertonlaw.com/chapt3.htm[/url] However, a debt discharged in bankruptcy cannot normally be acted upon again by the creditor. So you really need to consult a BK attorney about this.
__________________ Please remember that the search feature on this site, Google, and websters.com are all your friends!!! |
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#4
11-25-2005, 05:42 AM
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 what should i doundefined I AM FROM TENNESSEE AND HAVE BEEN IN CH.13 FOR A FEW YEARS NOW.I HAVE MY CAR ON MY CH.13 AND ITS IN THE SHOP AND NONFIXABLE.WHAT SHOULD I DO,SHOULD I CONTINUE TO KEEP MY CAR ON MY CH.13 EVEN THOUGH ITS NOT FIXABLE OR SHOULD I GO AHEAD AND CONTACT MY LAWYER AND GET IT DISCHARGED AND LET THE FINANCE PLACE COME AND REPOSSED IT.THE CAR IS THE HIGHEST AND SECURED THING I HAVE ON MY BANKRUPCY.WHAT SHOULD I DO  |
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