lien filing

[jorent]

I am a subcontractor hired by a general contractor. the work was completed and billed on 11/00. the general paid part of the bill but now has filed chapter 7 bankruptcy. can i file a lien against property where work was done?

 

[HomeGuru]

Possibly.

 

[J. Ducaine]

what the hell kind of advice is that? file the lien! file a lien against the general's property and the subject property. let them figure it out, if you're owed the money. if they had it their way, you'd be out too. (misery loves company!)

 

[HomeGuru]

.....what the hell kind of advice is that? file the lien! file a lien against the general's property and the subject property. let them figure it out, if you're owed the money. if they had it their way, you'd be out too. (misery loves company!)

My response: another premature response from you without much thought and without much foundation. I guess you are a mind reader.
The writer has not stated the applicable State so unless you know for a fact what State the writer did contracting business in, there is no way to tell if the writer in fact has lien rights pursuant to State Statutes. In addition, I guess must know the lien laws in all 50 States to be able to respond like you did. Furthermore, the writer did not State if he and/or the GC was licensed by the State to do contracting. Not all States give automatic lien rights. In some States, a contractor must be licensed in order to have lien rights under the law.
Lastly, do you know if the writer needs to file notice to the BK Trustee since the GC has filed BK 7? And do you how the writer would file a lien on the GC's property where such property is now protected under the Federal Bankruptcy Court? Would the writer need to file a Motion in BK Court to Lift the Automatic Stay so a lien can then be filed?

So your knowledge in this area is not even superficial, it is none.

 

[J. Ducaine]

guru wnts to run up more lawyers fees. this is not a session. once again, you can stay on the losing team.

 

[HomeGuru]

guru wnts to run up more lawyers fees. this is not a session. once again, you can stay on the losing team.

My response: you are free to state your case and back it up but you just choose to respond with no merit and no true argument supported by law.