Bankr. No.:
23-10055
Chapter:
13
Date of Decision:
November 18, 2024
Issue:
Whether the debtors were entitled to summary judgment concerning their objection to a creditor's proof of claim because the mechanic's lien securing the creditor's claim was barred by the statute of limitations and its filing violated the automatic stay under 11 U.S.C. ยง362(a)(4) and (5)?
Ruling:
No. The debtors failed to meet their burden of proof to be awarded summary judgment and the record showed genuine issues of material fact remained to be resolved at trial.
Full Bankruptcy Court Decision:
