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IN RE RICHARDSON BUILDERS, INC.

Bankruptcy No. 89-01393.

123 B.R. 736 (1990)

In re RICHARDSON BUILDERS, INC., Debtor. MIDDLETON & DUGGER PLUMBING & HEATING, INC., Plaintiff, v. RICHARDSON BUILDERS, INC., and W. Alan Smith, Jr., Trustee, Defendants.

United States Bankruptcy Court, W.D. Virginia, Lynchburg Division.

November 30, 1990.

Attorney(s) appearing for the Case

Laurence P. Morin, Lynchburg, Va., for Davis Heating & Cooling, Inc.

William E. Phillips, Edmunds & Williams, P.C., Lynchburg, Va., for Middleton & Dugger Plumbing & Heating, Inc.

Richard P. Cunningham, Cunningham & Embrey, Lynchburg, Va., for The Floor Show, Inc.

Cecil W. Taylor, Martin, Taylor & Perrow, Lynchburg, Va., for Taylor Bros., Inc.

R. Mitchell Garbee, Lynchburg, Va., for Richardson Builders, Inc.

Richard M. Livingston, Petty, Livingston & Dawson, Lynchburg, Va., for Frank and Lillian Weigand.

Gentry R.P. Ferrell, Lynchburg, Va., for W. Wade Drinkard, t/a Timberlake Lighting Center.

George Fralin, Fralin, Freeman & Kinnier, Lynchburg, Va., for Lonnie & Linda Rose.

MEMORANDUM OPINION

WILLIAM E. ANDERSON, Bankruptcy Judge.

This matter is before the court on a motion to lift the automatic stay imposed 11 U.S.C. § 362(a). The question to be decided is whether the filing of a bankruptcy petition by a general contractor operates to stay a mechanic's lien enforcement action brought by a subcontractor if the general contractor is not the owner of the real property against which the lien is pending.

FACTS

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