Legal Question in Bankruptcy in Wisconsin

Building owner files bankruptcy and owes me $35k

I have been doing work for a building owner over the past several months and he just filed BK. I'm owed $35,000. What recourse do I have?


Asked on 10/26/07, 5:29 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Contractors Liens-Owner Bankruptcy

Contractors have lien rights in WI which, if promptly pursued (with proper notice to the owner), can survive a bankruptcy still attached to the property, although personal liability of the owner may be discharged. However, if there are other liens which were recorded earlier, the contractor will only be paid if there is sufficient money left over after all senior liens and mortgages are paid when the building is sold. If there is not already a foreclosure pending, the contractor can also initiate a foreclosure for such a lien, although the time limit is also very short for doing this. If it is too late for you to file liens, your rights could be discharged in bankruptcy. It is critical that you retain experienced collection counsel as soon as possible if you wish to protect your rights, since I am unable to advise you here.

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Answered on 11/06/07, 3:49 pm


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