2015 Judge Gravelle - Opinions

Judge Christine M. Gravelle -- Opinions signed in 2015

In re: Rones,  Case 14-35899, 6/11/2015

Condominium association objects to confirmation of the Chapter 13 plan of Debtors (the “Plan”). The Plan proposes to pay pre-petition condominium fees in an amount equal to the statutory priority allowance of six months accrued fees. The balance of the claim is to be treated as unsecured. Condominium association alleges a secured claim and asserts the anti-modification provisions of 11 U.S.C. § 1322(b)(2) of the Code prohibit Debtors from bifurcating its lien. After considering the submissions and arguments of the parties, addressing issue of first impression, the Court finds that the condominium association lien is a security interest, and, therefore, protected by the anti-modification provisions of 11 U.S.C. 1322(b)(2), that its treatment in the Plan is not a bifurcation, and that the balance due, after payment of the amount given statutory priority, may be stripped off as it is wholly unsecured.

In re: Mark W. Davis,  Case 14-26507, 9/29/2015

Motion to Reduce the Claims of the IRS

Debtor objected to unsecured portion of Internal Revenue Service’s proof of claim on the basis that the debts were discharged in a prior Chapter 7 bankruptcy. The court found that the 11 U.S.C. § 523(a)(*) definition of “return” for dischargeability purposes does not include a timeliness requirement, and that a late-filed tax return can therefore be discharged.

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