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September 13, 2016

Repairman’s Lien

Case:  Embraer Aircraft Maintenance Serv., Inc, v, Aerocentry Corp., No. 3:13-cv-00059 (M.D.T.N).

Issues:

  1. May a repairman’s lien arising under Tenn. Code Ann. § 66-19-101 be enforced by a method other than attachment of the lien-subject property itself?
  2. Under what circumstances, if any, may a court attach the proceeds of the sale of lien-subject property, or otherwise reach them with a judgment, where the owner has rendered attachment of the lien-subject property impracticable or impossible after the initiation of a foreclosure proceeding?

Review Granted:  August 19, 2016.

Note: This cases arises as a certified question from federal district court. The Supreme Court granted review of the two issues as stated above.