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Copyright: Zerbor

In March of 2017, the Third Circuit examined whether the filing of a New Jersey statutory mechanic’s lien after the commencement of a bankruptcy case violated the automatic stay. The Third Circuit affirmed the District of New Jersey’s holding, and concluded that since the construction liens in question were effective as of their post-petition filing date, the automatic stay of Section 362(a)(4) applied and precluded the lien filing. Accordingly, the decision has significant impacts on commercial creditors—potentially removing one form of relief for a contractor’s failure to pay while in bankruptcy, and, state lien law dependent, may offer contractor-debtors certain strategic advantages within the Circuit.

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