Legal Opinion
Owen-Ames-Kimball Co. v. Michigan Lithographing Co. (In Re Michigan Lithographing Co.)
United States Bankruptcy Court, W.D. Michigan
Decided February 3, 1992No. 19-01167PublishedCited by 3 opinions
1Opinion of the Court
OPINION AND JUDGMENT
JO ANN C. STEVENSON, Bankruptcy Judge.
The issue which confronts this court can be succinctly stated as whether Owen-Ames-Kimball’s (“OAK”) failure to record a notice of Us pendens with the Kent County Register of Deeds as required by § 117 of the Michigan Construction Lien Act (the “Act”) renders OAK’s asserted construction lien unenforceable against the Trustee under 11 U.S.C. § 544(a)(3) of the Bankruptcy Code where OAK’s construction lien was timely and properly recorded and the lien foreclosure suit timely commenced in state court.
The court has jurisdiction over this…
2Cases cited27 opinions
- McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
- Saghi v. Walsh (In Re Gurs)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- Maine National Bank v. Morse (In Re Morse)Bankruptcy Appellate Panel of the First Circuit · 1983
- Dassance v. NienhuisMichigan Court of Appeals · 1975
- In Re Minton Group, Inc.United States Bankruptcy Court, S.D. New York · 1983
22 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re Michigan Lithographing CompanyCourt of Appeals for the Sixth Circuit · 1993
- Kohut v. Quicken Loans, Inc. (In Re Wohlfeil)United States Bankruptcy Court, E.D. Michigan · 2005
- Owen-Ames-Kimball Co. v. Michigan Lithographing Co.Court of Appeals for the Sixth Circuit · 1993