Reference no: EM133203768 , Length: 1 page

Question: In 2020, Zoe purchased a convenience store. When he bought the store, Zoe planned to expand it.

In early 2021, Zoe decided to expand his store by 1,000 square feet to add a small dining area. To finance this expansion, Zoe obtained a $200,000 loan commitment from ABC bank, with the funds to be disbursed at such times and in such amounts as the bank determined to be appropriate. Documents reflecting this commitment were signed by Zoe and the ABC bank, and a mortgage to secure the repayment of the loan was promptly and properly filed in the local land records office.

Two weeks after obtaining the loan commitment, Zoe signed a contract with a general contractor for construction of the store expansion. In compliance with its loan commitment, the bank disbursed $50,000 to Zoe, who, in turn, paid that sum to the general contractor. Construction began immediately thereafter.

Four weeks into the project, a plumbing subcontractor installed all the plumbing fixtures. After the general contractor failed to pay the $20,000 agreed price to the subcontractor, the subcontractor immediately filed a mechanic's lien against the man's property in the local land records office to secure its claim for $20,000.

The pluming subcontractor does not pay the material company called XZY Material Company which provided plumbing supplies to the pluming subcontractor.

Please respond and IRAC each of the questions below?

Does the mechanic's lien have priority over the bank's mortgage? In your response define mechanics' lien and mortgage.

Can the XYZ Material Company file a mechanic's lien? Explain and IRAC your answer.

If Zoe's fails to pay the businesses' debts, what options does Zoe have under the Bankruptcy Code?

Please respond fully using the IRAC method. Make sure to identify all the issues, refer to all the relevant facts, and discuss all the relevant rules.