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dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5142
Experience:  37 plus years of experience specializing in bankruptcy law
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I am a developer and I had a contractor recently file a lien

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I am a developer and I had a contractor recently file a lien and a lawsuit against my company. I filed Chapter 11 before the completion of construction but the contractor was not named as a creditor. Am I protected by the BK courts in this lawsuit?
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

yes you are immediately covered by the fact that you filed and that your filing predated the completion of the construction. However, you still need to go to the bankruptcy court and file an amendment to add this creditor. And then send him a copy of the amendment and the notice that the court issued showing that you filed a BK.
Customer: replied 3 years ago.

Does the fact that we had already confirmed a plan before he filed the lawsuit give him any recourse?

No, you are fully protected as per 362 of the Bankruptcy Code which imposes a stay or freezes any actions he can take against you.
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