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IN RE APC CONST., INC.

Bankruptcy No. 89-00061, Adv. No. 89-49A.

112 B.R. 89 (1990)

In re APC CONSTRUCTION, INC., Debtor. TOWN OF COLCHESTER and Gleb Glinka, Trustee, Plaintiffs, v. HINESBURG SAND AND GRAVEL, INC., and Commercial Industrial Electric, Inc., Defendants.

United States Bankruptcy Court, D. Vermont.

March 13, 1990.

Attorney(s) appearing for the Case

J. Anderson, and D. Hyman, Goldstein, Manello, Burlington, Vt., for amicus curiae Gerrity Lumber Co. (Gerrity).

G. Glinka, Bertolini, Benning & Glinka, Cabot, Vt., for Trustee, pro se (Trustee).

S. Marshall, Marshall & Marshall, Swanton, Vt., for amicus curiae A.G. Anderson.

M. Meekins, Roesler & Whittlesey, Burlington, Vt., for Town of Colchester, Vt. (Town).

E. Mench, Gravel & Shea, Burlington, Vt., for Hinesburg Sand and Gravel, Inc. (Hinesburg).

MEMORANDUM OF DECISION

FRANCIS G. CONRAD, Bankruptcy Judge.

This adversary proceeding1 raises an issue of first impression in our jurisdiction; that is, to what extent may Vermont's contractors ignore the Bankruptcy Code's automatic stay provision and proceed to obtain post-petition writs of attachment in State Court to perfect their pre-petition non-judicial notices of contractors' liens?

We hold the timely perfection...

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