In Re Huber Contracting, Ltd.

Decision Determining Lien Priority

LEIF M. CLARK, Bankruptcy Judge.

This is a Motion to Determine Lien Priority. The debtor in this case was a general contractor. It filed for bankruptcy on December 7, 2004. Prior to filing, a creditor attempted to garnish the debtor’s bank account at Wachovia Bank, N.A., trapping some $98,750. After the filing, the trustee successfully avoided the garnishment hen as a preference. A dispute arose between the bank (which was also a creditor of Huber Contracting), and certain mechanics’ lien claimants who were owed money by Huber Contracting. Both groups asserted…