IN RE ERNEST & ASSOCIATES, INC.

Bankruptcy Nos. 1-84-01690-11, 1-85-0039.

59 B.R. 495 (1985)

In re ERNEST AND ASSOCIATES, INC., Debtor. GREAT SOUTHWEST SUPPLY COMPANY OF TEXAS, INC., Plaintiff, v. ERNEST AND ASSOCIATES, INC., Defendant.

United States Bankruptcy Court, W.D. Texas, Austin Division.

October 24, 1985.


Attorney(s) appearing for the Case

Joe Martinec, Martinec & Hargadon, Austin, Tex., for Ernest and Associates.

Mason Terry, Terry & Terry, Austin, Tex., for Great Southwest Supply.


MEMORANDUM OPINION

R. GLEN AYERS, Bankruptcy Judge.

SUMMARY

In this Chapter 11 adversary proceeding, creditor filed a Complaint to Determine Status of Constitutional Lien Claim and Written Objection to Sale of Property requesting the Court to declare a state constitutional mechanic and materialman's lien valid, perfected, and not subject to the trustee's avoidance powers. The Court held that the constitutional lien, although self-executing and...

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