Still v. Regal Wood Products, Inc. (In Re D. L. Bouldin Construction Co.)

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

D. L. Bouldin Construction Company (Bouldin) contracted to build a building for Regal Wood Products (Regal). Bouldin filed a petition in bankruptcy after it ceased work on the building and deemed it complete. The trustee in bankruptcy for Bouldin brought this suit against Regal to collect an amount allegedly still owing to Bouldin and to enforce a lien for that amount on Regal’s property.

Most of the other defendants were suppliers or subcontractors on the Regal job. Two were not. Exchange Mutual is the surety on Bouldin’s payment and performance…