First Owner's Association of Forty Six Hundred Condominium, Inc. v. Gordon Properties, LLC, No. 1:2012cv01155 - Document 49 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION: For these reasons, the bankruptcy court's decision will be reversed and this matter will be remanded with instructions to allow FOA's proof of claim for $315,673.36, which amounts to 11.32% of the operation and management expenses agreed upon by the parties' experts, by an appropriate Order to be issued with this Memorandum Opinion. Signed by District Judge Leonie M. Brinkema on 8/22/14. (yguy)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA CLBP.K. JS DISTRICT COURT Alexandria Division ;'; .EXAWDRIA, VIRGINIA IN RE: GORDON PROPERTIES, LLC, Debtor. I:12cvll55 FIRST OWNERS' (LMB/IDD) ASSOCIATION OF FORTY SIX HUNDRED CONDOMINIUM, INC., Appellant, v. GORDON PROPERTIES, LLC, Appellee. MEMORANDUM OPINION Before the Court is an appeal from a bankruptcy court decision disallowing appellant's proof of claim. For the reasons that follow, the decision will be reversed and the matter remanded in light of this Memorandum Opinion. I. BACKGROUND The instant appeal of an extremely contentious bankruptcy proceeding concerns a mixed-use condominium located at 4600 Duke Street in Alexandria, Virginia, known as the Forty Six Hundred Condominium (the "Condominium"). The dominant Condominium structure is a high-rise building that contains 396 residential units and 54 commercial units. The remainder of the Condominium consists of two adjacent street-front commercial units, one occupied by a gas station and the other by a restaurant. These
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