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I received an Automatic Stay the same day after I filed a mechanics lien. What are my options?

IdahoRight to Lien

We set up a homeowner on a payment plan that went delinquent shortly after the windows were installed. We sent an intent to lien and then filed a lien shortly thereafter and ended up receiving an automatic stay the same day we had filed the lien.

1 reply

Aug 9, 2021

I"m not sure what you mean by "automatic stay" unless the homeowner filed for bankruptcy. If the homeowner filed for bankruptcy you should consult with a bankruptcy attorney asap. Because a lien foreclosure is an action "in rem" (i.e., an action against the real property where the windows were installed) rather than an action against the debtors you may be able to have the stay lifed to pursue your lien foreclosure outside of the bankruptcy. Because bankruptcy has its own complicated set of rule and statutes that must be followed, it is important that you consult with a bankruptcy attorney to fully understand your options.    

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