Owen-Ames-Kimball Co. v. Michigan Lithographing Co.

Bankruptcy trustee Brett Rodgers appeals the district court’s affirmance of the bankruptcy court’s entry of summary judgment in favor of Owen-Ames-Kimball Company (OAK), deciding that OAK’s construction lien was valid as against the trustee of debtor Michigan Lithographing Company. The sole issue in this case is whether OAK’s failure to record a notice of lis pendens with the county register of deeds as required by section 117 of the Michigan Construction Lien Act, Mich. Comp.Laws Ann. § 570.1117 (West 1967; Supp.1993), renders its construction lien unenforceable against the trustee in…