- Home
- Books and Journals
- Colorado Bar Association
- Liens and Claims in Colorado (CBA)
- Chapter 8 Mechanics' Liens and Bankruptcy
Chapter 8 - § 8.3 • PERFECTION OF MECHANICS' LIEN PERMITTED|EXTENSION OF TIME TO PERFECT — BANKRUPTCY CODE §§ 108 AND 546(b)
Jurisdiction | Colorado |
Notwithstanding the automatic stay and a debtor-in-possession or trustee's right to void perfection, the Bankruptcy Code does permit the holder of a not-yet-perfected mechanics' lien the right to perfect that lien under Bankruptcy Code §§ 362(b)(3) and 546(b), so long as the lienholder is permitted to do so under state law.9 However, under no circumstances may the lienholder enforce the lien or seek to collect on it so long as the automatic stay is in effect.10 Accordingly, if the unperfected lienholder's time to perfect ends during the bankruptcy case, the lienholder must file notice of its lien rights in the bankruptcy court under § 546(b) within the six-month period of C.R.S. § 38-22-110. Note that these provisions do not allow a supplier or contractor to perfect a post-petition lien as the...
To continue reading
Request your trial- Liens and Claims in Colorado (CBA)
- Chapter 8 Mechanics' Liens and Bankruptcy
- Chapter 8 - CHAPTER 8 MECHANICS' LIENS AND BANKRUPTCY
- Chapter 8 - § 8.1 • PROPERTY OF THE BANKRUPTCY ESTATE — BANKRUPTCY CODE § 541(a)
- Chapter 8 - § 8.2 • AUTOMATIC STAY — BANKRUPTCY CODE § 362(a)
- Chapter 8 - § 8.3 • PERFECTION OF MECHANICS' LIEN PERMITTED|EXTENSION OF TIME TO PERFECT — BANKRUPTCY CODE §§ 108 AND 546(b)
- Chapter 8 - § 8.4 • OWNER — GENERAL CONTRACTOR BANKRUPTCY
- Chapter 8 - § 8.5 • ADEQUATE PROTECTION — BANKRUPTCY CODE § 361
- Chapter 8 - § 8.6 • RELIEF FROM THE AUTOMATIC STAY — BANKRUPTCY CODE § 362(d)
- Chapter 8 - § 8.7 • SALE OF ASSETS|USE OF CASH COLLATERAL
- Chapter 8 - § 8.8 • POST-PETITION FINANCING — BANKRUPTCY CODE § 364
- Chapter 8 - § 8.9 • PLAN TREATMENT OF LIENS
- Chapter 8 - § 8.10 • SINGLE ASSET REAL ESTATE (SARE)
- Chapter 8 - EXHIBIT 8A • FORM OF NOTICE PURSUANT TO BANKRUPTCY CODE § 546(b)
- Chapter 8 - EXHIBIT 8B • LOCAL BANKRUPTCY FORM 4001-1.1, NOTICE OF MOTION FOR RELIEF FROM STAY AND OPPORTUNITY FOR HEARING
- Chapter 8 - EXHIBIT 8C • LOCAL BANKRUPTCY FORM 4001-1.2, MOVANT'S CERTIFICATE OF NON-CONTESTED MATTER AND REQUEST FOR ENTRY OF ORDER (RE: MOTION FOR RELIEF FROM STAY)
- Chapter 8 - EXHIBIT 8D • LOCAL BANKRUPTCY FORM 4001-1.3, ORDER ON MOTION FOR RELIEF FROM STAY
- Chapter 8 - EXHIBIT 8E • LOCAL BANKRUPTCY RULE 4001-1
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.