A person claiming a lien under section 1921 of this title shall file for record in the clerk’s office of the town where such real estate is
situated a written memorandum, signed by him or her, asserting his or her claim, which
shall charge such real estate with such lien as of the visible commencement of work
or delivery of material to the extent and subject to the exceptions provided in sections
1921 and 1922 of this title. Several such liens, asserted as aforesaid, shall be paid pro rata, if the sum due
or to become due from the owner thereof is not sufficient to pay the same in full.
Glinka v. Hinesburg Sand & Gravel, Inc. (In Re APC Constr., Inc.), 132 B.R. 690 (D. Vt. 1991). · cites it 8דThe two issues on appeal are as follows: 1) Is a lien asserted by a contractor who has recorded pre-petition a notice of lien under 9 V.S.A. § 1923 and obtained post-petition an attachment of real estate voidable by the trustee through his strong-arm powers under 11 U.”
Naylor v. Cusson, 412 B.R. 646 (D. Vt. 2009). · cites it 2דVt. Stat. Ann. tit. 9, § 1923 . Third, within 180 days of filing the memorandum, a contractor must (1) commence an action, either on the contract or the lien statute, and (2) cause such property to be attached thereon.”
Bernstein v. Held (In Re Bernstein), 62 B.R. 545 (Bankr. D. Vt. 1986). “Although it is true that the right to file a contractor’s lien for labor and materials arises from erecting a building attached to real estate, that right is inchoate until the memorandum required by 9 V.S.A. Section 1923 is recorded and then perfected by attachment or judgment…”
Filter Equip. Co. v. Int'l Bus. MacHines Corp., 458 A.2d 1091 (Vt. 1983). “Before the last shipment to the project, it filed notice of a claimed contractor’s lien under 9 V.S.A. § 1923, and exactly three months after the date of last shipment it filed its action in Chittenden Superior *501 Court against IBM and the subcontractor, under 9 V.”
Town of Colchester v. Hinesburg Sand & Gravel, Inc. (In Re APC Constr., Inc.), 112 B.R. 89 (Bankr. D. Vt. 1990). “In reference to contractors’ lien or “mechanics’ lien,” Bernstein stated: Although it is true that the right to file a contractor’s lien for labor and materials arises from erecting a building attached to real estate, that right is inchoate until the memorandum required by 9…”
T. A. Haigh Lumber Co. v. Drinkwine, 287 A.2d 560 (Vt. 1972). · cites it 2ד” 9 V.S.A. § 1923, “Recording Notice of Lien”: “A person claiming a lien under section 1921 of this title, shall file for record in the clerk’s office of the town where such real estate is situated, a written memorandum, signed by him, asserting his claim, which shall charge…”
In Re Rainbow Trust, 216 B.R. 77 (2d Cir. BAP 1997). “9 V.S.A. § 1923 (1997). § 1924. Action to enforce lien Within three months from the time of filing such memorandum, if such payment is due at the time of such filing .”
Nadeau Lumber, Inc. v. Benoit, 437 A.2d 1108 (Vt. 1981). “On January 23,1976, plaintiff recorded notice of its lien on the defendant’s property as required by 9 V.S.A. § 1923. The plaintiff then commenced this suit seeking to enforce its lien and recover $1,928.”
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