Hellman Lumber Co. v. Landrum

GANT, Judge.

This appeal arises from a summary judgment rendered against two subcontractors in their action to enforce materialmen’s liens against the property owners on the ground that they failed to file their action within one year of the date of filing their Statements of Lien required under KRS 376.090. Both appellants contend that the bankruptcy action filed by the general contractor tolled the running of the statute. Heilman argues that its action was filed within the statutory period.

BANKRUPTCY TOLLING THE STATUTE

Title 11, U.S.C., The Bankruptcy Act, § 362, provides for a stay of all…