83 S.Ct. 232. Unlike an unpaid subcontractor, a surety steps into the shoes of the general contractor and thus acquires his legal title and any other rights he has to the withheld funds, legal and equitable. See id. at 137-42, 83 S.Ct. 232. The surety in Pearlman possessed all of the rights that the bankrupt contractor would otherwise have had; thus the bankrupt contractor was left with no interest that could become part of the bankruptcy estate. In contrast, unpaid subcontractors, like OTS, possess literally a fraction of such a surety’s rights. See id. at 141, 83 S.Ct. 232. Because' an unpaid subcontractor is not subrogated to the contractor’s interest in the funds, the contractor’s interest remains and must be included in the bankruptcy estate. ., 811 F.2d 747, 756 (2d Cir.1987) (<HOLDING>); Western Cas. & Sur. Co. v. Brooks (In the
holding that sovereign immunity bars an attorneys lien against the united states holding in a nonbankruptcy case that unpaid subcontractors can recover in lien action against unpaid contract funds held by united states postal service which had waived sovereign immunity holding that sovereign immunity does not bar extinguishment of united states junior lien in proceeding in which united states was not a party holding that the ats does not waive the united states sovereign immunity holding a foreclosure claim on a municipal tax lien asserted against the state was barred by sovereign immunity but sovereign immunity would not bar the bank from seeking just compensation for the states taking of its property as a result of the allegedly unpaid taxes under the takings clause as applied to the states under the fourteenth amendment