Kerth v. Lake Ozark Construction (In re North Port Associates, Inc.)

MEMORANDUM OPINION AND ORDER, ORDER GRANTING SUMMARY JUDGEMENT IN FAVOR OF TRUSTEE AND AGAINST LAKE OZARK CONSTRUCTION INDUSTRIES, INC.

BARRY S. SCHERMER, Bankruptcy Judge.

INTRODUCTION

The Chapter 11 trustee’s motion for summary judgement challenges the validity of *680mechanic’s lien asserted against Debtor’s real property. The Court concludes that the mechanic’s liens asserted by Lake Ozark Construction Industries, Inc. against the Debtor’s real estate fail as a matter of law.

JURISDICTION

This Court has jurisdiction over the subject matter of this proceeding pursuant to 28 U.S.C. §§ 157 and 1334…