Chaffin v. Gladney (In re Chaffin)

OPINION AND ORDER SUSTAINING PLAINTIFF’S COMPLAINT TO AVOID MECHANIC’S LIEN AND RECONSIDERING DISALLOWANCE OF DEFENDANT’S CLAIM

BARBARA J. SELLERS, Bankruptcy Judge.

This matter is before the Court on the plaintiffs complaint to avoid the defendant’s mechanic’s hen on the following grounds:

1. The defendant performed no work on the plaintiffs home in the fah of 1998 and was fully paid for ah work he performed prior to that time;

2. The defendant failed to serve his affidavit of mechanic’s hen upon the plaintiff within thirty (30) days as required by Ohio Revised Code § 1311.07;

3. The defendant…