H.T. Bowling, Inc. v. Bain (In Re Bain)

MEMORANDUM OPINION

THOMAS J. WILSON, Bankruptcy Judge.

Warren Jeffrey and Susan Rhudy Bain, Chapter 11 Debtors, filed a motion requesting that the Court find H.T. Bowling, Inc., one of their creditors, in violation of the automatic stay for attempting to enforce a mechanic’s lien without first obtaining relief from the stay.

On September 20, 1984, Warren and Susan Bain filed a Chapter 11 petition for relief. H.T. Bowling, Inc. admits receiving notice of the filing. The next month, H.T. Bowling, Inc., a contractor, completed work on some real property owned by the Debtors. To perfect its lien on…