IN RE CONSTRUCTION SUPERVISION SERVICES, INC.

No. 13-1560.

753 F.3d 124 (2014)

In re CONSTRUCTION SUPERVISION SERVICES, INC., Debtor. BRANCH BANKING & TRUST COMPANY, Creditor-Appellant, v. CONSTRUCTION SUPERVISION SERVICES, INC., Debtor-Appellee, Hanson Aggregates Southeast, LLC; Couch Oil Company of Durham, Inc.; R.W. Moore Equipment Co.; H.D. Supply Waterworks, Ltd; Water Works Supply, Inc.; MSC Waterworks, Inc.; Gregory Poole Equipment Company; Thomas Concrete of Carolina, Inc.; The John R. McAdams Company, Incorporated, Creditors-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 22, 2014.


Attorney(s) appearing for the Case

ARGUED: Nicholas C. Brown , Howard, Stallings, From & Hutson, P.A., Raleigh, North Carolina, for Appellant. William John Wolf , Bugg & Wolf, PA, Durham, North Carolina, for Appellees. ON BRIEF: Joseph H. Stallings , James B. Angell , Russell W. Johnson , Howard, Stallings, From & Hutson, P.A., for Appellant. Ethan J. Fleischer , Bugg & Wolf, PA, Durham, North Carolina, for Appellees Hanson Aggregates Southeast, LLC, Couch Oil Company of Durham, Inc., and R.W. Moore Equipment Co. Paul A. Sheridan, Nancy E. Hannah, Hannah Sheridan Loughridge & Cochran, LLP, Raleigh, North Carolina, for Appellees H.D. Supply Waterworks, LTD, Water Works Supply, Inc., Gregory Poole Equipment Company, Thomas Concrete of Carolina, Inc., and The John R. McAdams Company, Incorporated.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge KING and Judge SHEDD joined.


WYNN, Circuit Judge:

Generally, after a debtor files a bankruptcy petition, 11 U.S.C. § 362(a)(4) provides for an automatic stay of any attempts by creditors to collect on their claims against the debtor. But exceptions exist, including an exception under Section 362(b)(3) for "any act to perfect, or to maintain or continue the perfection of, an interest in property to the extent that the trustee's rights and powers are subject to such perfection under [11 U...

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