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Bankruptcy Questions
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Bankruptcy
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Filed the mechanics lien on the property 58days ago! The recorded lien I sent certified requiring a signature. Well owner did not go pickup the documents! After tried delivery 2times and a couple notices. So yes documents including the lien are being returned to me. So I took copies of all the documents and posted it at the property where it couldn't have been not noticed by the Realtor that had it listed couldn't miss it! Because the owner lives in another state. Then I noticed. That there was a contract on the purchase of the property! I received a call from the individual's that were trying to purchase the property. They wanted the documents, which were listed as Exhibit A. Exhibit B. I never reserved a call from the realtor, I did get a phone call that came up as my friend who had passed away January 1st, 2022. There was no voicemail left, then I spoke with the individual who was going to purchase the property. They found out about the lien that I had filed and recorded at the recorders office. So I called them and spoke with them and I spent the extra money to overnight it to them with a signature required! Then a day later they wanted to know if I had heard from the owner yet? I told them no I hadn't heard from her at all! No call, no text, no email. They were trying to get ahold of her?? I don't understand why they were not going through the Realtor that they put the purchase contract with?? Anyway the next day I called and talked to them and they had received the documents. Yes they had gotten them and signed the postal delivery document that was on its way back to me! Have not received the signed copy back yet! Well they proceeded to let me know that they were going to purchase a different home. Reason they said was that the owner was going to be a little hard to deal with, and also told me that owner told them that she might come up to Ohio and finish a couple small things mostly 2 rooms needed flooring! Which the owner said in the real estate listing that owner would not pay for the 2 rooms that were prepped by me just waiting on the her?? But stated in the listing that she was not going to put up the money for the flooring! The Realtor had suggested that she do that a month ago before he had listed it. She refused. Okay, so I don't know what she the owner is going to do. But anyway I noticed today that the property is no longer listed on the market, or with any realtor! And for that reason, that she will not sell it now and maybe rent it out? Or just sit on it for years?? Who knows?? So this the reason I would like to file Bankruptcy on the mechanics lien ,so I can get paid sooner the maybe 6years from now, or not at all! There is no mortgage or other lien,s or judgments against the property! So the only party that would need served notice of intent to foreclose, and then proceed with the bankruptcy filed on lien. So what should be my next move?? Thank you
OhioWE FINISHED THE JOB A FEW MONTHS AGO AS A SUBCONTRACTOR AND WE DIDN'T GET PAID SO WE FILED A NOTICE TO LIEN AND KEPT CALLING THE COMPANY AND NOE THAT COMPANY HAS FILED BANKRUPT. iS THERE ANYTHING WE CAN DO NOW?
North CarolinaI hired a contractor to remodel the Kitchen and Master Bath of my house to start May 1, 2021. The name of the company is Birch Co. Brett Davis located in Oklahoma. I was recommended to them thru my neighbor. I did not do my due diligence and completely trusted them that they would be remodeling my "dreamhome". Thru out the project I was living in the housing and having to oversee the project. Too many mistakes were being made and me having to call the Company daily if not weekly complaining. The last draw was when the flooring was being put down, I called them that morning to let them know not to do anything in the Guest bathroom, I even put a note on the Bathroom door and on the worksheet. I came home that night to the only working toilet in the house in my bathtub. Because I refused to pay them the last Invoice they put a lien on my House. Now I don't have a Master Bath not do I have a Kitchen. I have interviewed several other contractors and they all say that it will take at least another $100,000 to put my house back together.
OklahomaThe situation:
* We sold equipment we manufacture to a customer ("primary customer") who sold it to other parties ("secondary customers").
* We drop shipped the equipment directly to the secondary customers
* Our primary customer filed bankruptcy
* One shipment will be an Administrative claim.
* Invoices remain unpaid
* The secondary customers are located in New Mexico, Iowa, and Texas.
* I would like to file liens on the secondary customers in these three states. I've done it before in Texas under the same circumstances and got paid. Can I do it in New Mexico and Iowa?
*My primary customer resides in Texas.
Your assistance is appreciated.
South CarolinaCook County, Illinois: We did a roof job for a homeowner and he is unable to pay now. He is currently in Ch. 13 bankruptcy. Can we still file a mechanics lien here? Thank you in advance! -Joe
IllinoisHello,
There was damage done to my home. A construction company had me sign a contract that allowed him to accept money directly from the Mortgage company. The company took 2 years to due the project and its still not done. In the middle of construction the Mortgage company issued a check with my name and the Contractor's name on it. The Contractor died. His company filed for Chapter 11.
What are my rights to get that check endorsed by the Bankruptcy Trustee and given to me to finish my house? It is my understanding that if there is a Mechanic's lien against the property that the money is NOT part of the bankruptcy estate and that the Trustee can simply endorse the check on behalf of the Construction company. What if there is not a mechanic's lien on the property? Does the check become part of the chapter 11 filing, and my insurance money is just mixed in with all of the other Chapter 11 unsecured creditors? Can I at least be given Priority status as a creditor? This is taking place in NJ Bankruptcy Court under chapter 11 . Can I file against his bond company? I read that I might be able to give a 30 day notice to the Construction company to force them to file a mechanics lien, is that true?
Any information would be very helpful.
New JerseyI paid Rebath half of the $15k total for my bathroom remodeling project. ($7,500) they've not done any of the work. Still waiting for the rest of my materials.
They now say they are going bankrupt and I can either wait "a month or two until they're able to get to my project" or come get my materials they've ordered and have somebody else finish the project or wait until they file and my account will be included in the bankruptcy. I'm not sure what to do. I need the job done but don't trust them. Thanks for your time and help.
NevadaHi, I filed a preliminary notice through Levelset for a project with $60K balance and now I learned he stopped paying everyone and shutting down.
Am I now completely depending on this lean and the property owner for this job or who will be responsible for the balance?
what would you recommend I do now?
Thanks!
Mike
Strix Inc
310-600-0027
CaliforniaMy contractor has put a mechanics lien on my house.
MarylandWe have a customer that owes us $6695 with finance charges ($3,808 without finance charges). They have filed for bankruptcy. We received a notice with a phone meeting of creditors (10/25) and file deadline to object to discharge (12/27).
Do we need to be on the call? Do we need to do anything before the call?
And if they discharge is it worth challenging?
Thank you for your help.
CaliforniaA few months ago our client declared themselves bankruptcy, they owe us three project. We file a mechanics lien, but we never file a prelim. We just received a notice letter from United States bankruptcy court, do we response to the notice or wait
CaliforniaWe are the material supplier. Our customer is the General Contractor. That customer has gone bankrupt. The property owner has called and said that they already paid the General Contractor. So now what would happen?
Also, we received notice via Levelset that Plains Building Systems is no longer in operation. Any and all financial notices need to be communicated to THE Holland Law Firm
ColoradoIn Nebraska, if a development has 2 different owners (owning 2 different sections), is the construction lien total amount split between the two? Specifically, there are 2 liens filed (1 for each piece of property in the development) - can both liens be for the full amount of the work done on the development (100%/100%), or should the amount be split based on the work done on the separate sections of property (75%/25%)?
NebraskaHello, who is representing the previous employees for the class action lawsuit?
New JerseyWe are a subcontractor to Katerra, who recently declared bankruptcy and we are still owed money from a job that we completed in late April. Aside from securing our claim with a lien, what can we do to ensure we do not get burned?
Georgia