Lien Actions for Bankrupt Contractor

The Georgia Court of Appeals recently explained the exceptions for lien procedures when a contractor files for bankruptcy relief. The case is W. Main I, LLC v. Siteone Landscape Supply, LLC, A23A0782, 2023 WL 5494911 (Ga. Ct. App. Aug. 25, 2023). In that case, the lien claimant filed suit directly against the owner. It also filed a proof of claim in the contractor’s bankruptcy action. Though it might normally be required to file a notice of commencement, when it elected to proceed directly against the owner due to the contractor’s bankruptcy filing, it was not required to file a notice of commencement.