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IN RE BALDWIN BUILDERS

BAP No. CC-97-1830-BRiJ, Bankruptcy Nos. ND 95-13057 RR, ND 95-13508 RR.

232 B.R. 406 (1999)

In re BALDWIN BUILDERS, and Baldwin Building Contractors, Debtors. Village Nurseries dba Southern Counties Landscape, Appellant, v. David Gould, Chapter 11 Trustee for Baldwin Builders; New Millennium Homes, LLC, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 12, 1999.

Attorney(s) appearing for the Case

Karen L. Grant, Grant & Hurlbett, Santa Barbara, CA, for Village Nurseries, appellants.

Rodger M. Landau, McDermott, Will & Emery, Los Angeles, CA, for David Gould, Trustee, appellees.

Before: BRANDT, RIMEL, and JONES, Bankruptcy Judges.

Opinion

BRANDT, Bankruptcy Judge.

Pre-petition, Village Nurseries, dba Southern Counties Landscape ("SCL"), recorded a mechanic's lien against debtor's real property. Under California law, a foreclosure action must be commenced on a mechanic's lien within 90 days of recording, or the lien is null and void. Post-petition, SCL filed a foreclosure action on the recorded mechanic's lien, but did not serve the complaint. SCL later recorded a second mechanic's...

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