T. C. I. Ltd. v. Sears Bank & Trust Co. (In Re T. C. I. Ltd.)

MEMORANDUM OPINION

FREDERICK J. HERTZ, Bankruptcy Judge.

This cause comes to be heard on a motion by defendant Sears Bank and Trust Company (hereinafter referred to as Sears) to dismiss Count I of a complaint filed by the debtor, T.C.I. Limited (hereinafter referred to as T.C.I.), to foreclose on a mechanic’s lien.

On June 7, 1978, T.C.I. entered into a contract with defendants Dimitris Angelo-poulous, Thom Angelos, and Jim Karonis (hereinafter referred to as Angelopoulous et al.) to construct a restaurant and banquet facility on realty leased by Angelopoulous et al. The realty in question was…