(Bankr. W.D Ky. Nov. 12, 2015)
The bankruptcy court finds that the defendant’s mechanic’s lien is void for being untimely filed. Applying Illinois’s mechanic’s lien statute, the court finds that the last work that could give rise to a lien occurred in May 2014, more than 90 days prior to the recording of the lien in January 2015 (Illinois requires notice of a mechanic’s lien within 90 days of the last date service was provided). The defendant’s alleged work in October 2014, consisting of reviewing reports about the project and conveying such information, did not add value to the real property. Thus, that date could not be used as the last date of service under the statute. Original and amended opinions below.
Author: Matt Lindblom