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North Central Construction, Inc. v. Tri-State Ethanol Company, LLC, First Dakota National Bank, South Dakota Corn Utilization Council, South Dakota Board of Economic Development, et al. (In re Tri-State Ethanol Company, LLC)

Bankr. No.: 
03-10194
Adv. No.: 
03-1032
Chapter: 
11
Date of Decision: 
May 10, 2004
Issue: 
Whether mechanics’ lien waivers signed by three contractors or subcontractors resulted in a re-prioritization of their liens behind a bank’s mortgage, which was filed after the contractors or subcontractors started their work on the construction site? Whether a provision in the general contractor’s construction contract with Debtor precluded the general contractor and one subcontractor from filing mechanics’ liens?
Ruling: 
The lien waivers did not affect the date the mechanics’ liens originally attached. The contract did not preclude the filing of mechanics’ liens.
Full Bankruptcy Court Decision: 
PDF icon Tri State Ethanol 5 10 04.pdf
Appeal Summary: 
Dismissed by District Court.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: 
PDF icon Tri-State Dst Ct 6 16 04.pdf