Order granting the debtor’s objection to claim. The creditor alleged that it held a materialmen’s lien on the debtor’s property. The court held that the creditor failed to properly perfect its claim by filing a notice of the commencement of an action to enforce the debt within 14 days of the commencement of an action as required by O.C.G.A. § 44-14-361.1(a)(3). Also, the debtor’s failure to file an adversary proceeding was excusable as “harmless error” under Fed. R. Bankr. P. 9005 and Fed. R. Civ. P. 61 because the creditor was given adequate notice, an opportunity to file briefs, and a hearing.
File:
Date:
08/17/2010
