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Attorneys and Counselors at Law in Virginia, Maryland, Pennsylvania and the District of Columbia
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Construction Law Resources Nationwide

Mechanic's Liens & Bond Rights in Bankruptcy Preference Cases

Can a paid construction supplier or subcontractor be worse off under the Bankruptcy Code than if unpaid? If a construction material supplier could enforce mechanic's lien or bond rights to successfully obtain payment after a bankruptcy petition, could receipt of the same payment prepetition be an avoidable preference? The United States District Court for the Eastern District of North Carolina is faced with these questions in at least two cases at this moment.

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Practice Areas

  • Attorneys and Counselors at Law in Virginia, Maryland, Pennsylvania and the District of Columbia
  • Representing owners, design professionals, suppliers, subcontractors and general contractors
  • Risk management
  • Credit management
  • Construction contract litigation
  • Commercial litigation
  • Public and private projects
  • Public procurement
  • Bidding disputes
  • Writing, reviewing and revising contracts
  • Contract formation and disputes
  • Payment and performance bond claims
  • Mechanic's liens
  • Changes, project delays and other claims
  • Defects in labor and materials
  • Design defects in plans and specifications
  • Inefficiency, impact and delay claims
  • Joint ventures
  • Disadvantaged business enterprises
  • Mentor protégée agreements
  • Uniform commercial code
  • Sales of goods
  • Security interests
  • Drafting and negotiating real estate contracts
  • Leases, landlord and tenant
  • Easements
  • Banking and lender representation
  • Commercial transactions and loan closings
  • Commercial loan default, foreclosure and workouts
  • Buying and selling of businesses
  • Representing creditors in bankruptcy 
  • Bankruptcy preference defense
  • Litigation, arbitration, mediation and alternative dispute resolution
  • Corporate formation and decision making
  • Patent, and intellectual property
  • Criminal defense
  • Board of contractor regulation and complaint defense 
 

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