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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Default Materialman Lien During Chapter 13

    My question involves bankruptcy in the state of: georgia
    my question is quite long unfortunately. here goes. My husband and i filed chapter 13 in april 08. we included a builders supply store as my husband is a carpenter. the store has since filed materialman lein on two homeowners my husband used materials on. i understand from other information on the internet that the store was correct in doing this. (sad our lawyer didnt inform us of this). we received the letter from stores lawyer july 7 the homeowner had my husband arrested and charged with theft the next day. i contacted our lawyer about this and he said we needed to get a criminal lawyer as this was of no concern to him. It took me 3 days to get him out of jail on bond as we live in small town ga and homeowner is very powerful in this community. Prior to the homeowner getting warrent my husband had been in contact with both homeowner and lawyer trying to come to a solution. The store was listed as an usecured debt therefore would either receive no payment or a partial one, so that is why he is getting a lein on the homeowners. we have talked to our bk lawyer and he doent want to help us with this matter. we are wanting to talk to the trustee and see if we can change from unsecured to secured in hopes it will get lein off the homeowners. if we are able to do this will the store still be able to have a lein on the homeowner. the homeowner filed a theft charge for $7200 and the lein was only for $4100 the rest was for labor. our bankruptcy lawyer wants us to pay the homeowner the money ( we dont have it) but that doenst mean he will give the money to the store. otherwise it will be the homeowner getting the job for free. what can we do? will the trustee allow us to talk to him on our own or do we have go through the lawyer? we are hoping that if the judge will change from unsecure to secure that will cancel it all, will the homeowner who had david arrested for theft still be able to proceed with his case. This all happened just before and during the time we filed bankruptcy and when we got income in we put that towards the most pressing bills 1st such as insurance , house payment etc. please forgive us for such a long question hope anyone will be able to help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Materialman Lien During Chapter 13

    First and foremost, your lawyer is the person most familiar with your case, and this is a dangerous way to get a second opinion. You can always consult another local lawyer if you truly feel you need a second opinion.

    I would suggest asking your lawyer why he wants you to pay the homeowner, rather than paying off the creditor with an agreement that the lien will be immediately discharged.

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