Q: If payment for a contractor entered into my chapter 7 bankruptcy, and approved. What of civil suit and mechanics lien?
They charged for work never done, and caused damage. Was preliminary notice needed? Can they force sell my home?
A: The mechanic's lien is a secured claim, secured against the property on which work was done. That doesnt go away just by virtue of the bankruptcy filing. You can file an adversary in the bankruptcy case though to get rid of it, if you believe it is based on fraudulent charges. Also, you want to check if the mechanic's lien was perfected pre-bankruptcy. You need an attorney to check these issues.
Timothy Denison agrees with this answer
A: I agree with Attorney Lipan and urge you to talk with an attorney further to address the lien issues.
Timothy Denison agrees with this answer
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