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HOW CAN I FILE A LIEN ON THE PROPERTY OWNER AND THE LEASOR AND GC?

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Anonymous contractor
Aug 28, 2020

I have 3 projects with the same GC for the same company 24 hour fitness USA, all the buildings are being leased by 24 hr fitness, so how do we let them all know we are filing a lien. Property Owner, GC and 24 Hr. fitness. Also, we got legal documents from a law firm that states that 24 hr fitness is filing bankruptcy.

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Anonymous contractor
Aug 28, 2020

Ok, based on the bankruptcly alone, this is going to be a complicated one. Instead of getting into nitty gritty details with very few facts (and publicly), I'd recommend you speak to an attorney directly on this issue prior to filing any liens or sending notices, espeically to any entity that is or may be going bankrupt. And make sure you speak to someone well prior to the 15th of September as the major Chapter 53 notice deadlines revolve around the 15th of a given month (though not all of them so move quick).

Feel free to reach me directly if you are looking for an attorney to help you navigate these waters.

Very best,

Ben House

281-762-1377

ben@houseperron.com

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Anonymous contractor
Aug 31, 2020

Hello!

So you have a problem. A big one. The first thing you need to do is preserve your lien rights. Bankrupd tcy will not stop you from filing a lien, it merely stops you from enforcing the lien.

You file your lien and then you find a bankruptcy attorney who will go find the 24 Hour Fitness bankruptcy filing for you. You then file into the bankruptcy proceeding as a creditor. Now, you have the right to attend all the fun creditor meetings as 24 Hour Fitness seeks to rearrange its debts and try to negotiate out of several of them, including yours.

It won't be pretty. There is a likelihood that you do not see payments for months or years unless you are willing to take a deep cut in the amount you are being paid. They filed for bankruptcy because of COVID-19 so, in reality, they are absolutely hurting for cash. But, if you want, that is your option.

Let us know how we can help,
E. Aaron Cartwright III
214-789-1354
Aaron@EACLawyer.com

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