Legal Opinion
Steinberg v. National Survey Service Inc. (In Re Chemisphere Partners)
United States Bankruptcy Court, N.D. Illinois
Decided September 16, 1988No. 19-05218PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION SUPPORTING FINAL DISMISSAL OF COUNT I
JACK B. SCHMETTERER, Bankruptcy Judge.
In Count I the Plaintiff Trustee seeks a declaration that the mechanics’ lien claimed by Defendant National Survey Service Inc. against Debtors’ property is invalid and unfavorable. He asks that such lien be set aside under 11 U.S.C. § 544. The basis alleged is the failure of Defendant to file suit to enforce its lien within two years of work completion as required by state law. Defendant responds that the two-year period under state law was tolled by pendency of the related bankruptcy cases and…
2Cases cited2 opinions
- Garbe Iron Works, Inc. v. PriesterIllinois Supreme Court · 1983
- Garbe Iron Works, Inc. v. PriesterAppellate Court of Illinois · 1982
3Cited by6 opinions
- Rogers v. Corrosion Products, Inc.Court of Appeals for the Fifth Circuit · 1995
- Major Lumber Co. v. G & B Remodeling, Inc.Missouri Court of Appeals · 1991
- Knopfler v. Addison Building Material Co., Inc. (In Re Germansen Decorating, Inc.)United States Bankruptcy Court, N.D. Illinois · 1993
- Skywark v. IsaacsonDistrict Court, S.D. New York · 1996
- In Re Petroleum Piping Contractors, Inc.United States Bankruptcy Court, N.D. Indiana · 1997
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