May 26, 2010
In recently enacted S.B. 107, which went into effect in May, the Utah Legislature included language in the lien statute addressing the time for Enforcement under Section 38-1-11 in the event of bankruptcy. The change allows that if an owner files for protection under the bankruptcy laws of the United States before the expiration of the 180-day period to file an action to enforce a lien, the action may be filed within 90-days after the automatic stay under the bankruptcy proceeding is lifted or expires.
Brian J. Babcock, Esquire (Contributing Author)
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