In re Buena Vista Oceanside, LLC
United States Bankruptcy Court for the Western District of Pennsylvania
479 B.R. 342 (2012)
- Written by Ryan Hill, JD
Facts
Buena Vista Oceanside, LLC (Buena Vista) (debtor) owned and operated two small hotels in Florida. Optimum Bank (Optimum) (creditor) loaned Buena Vista $4,368,000 and retained a first-priority mortgage lien on the properties. Buena Vista filed for reorganization under chapter 11 of the bankruptcy code, and Optimum filed a proof of claim. Buena Vista filed a motion to obtain a valuation of Optimum’s secured claim and for avoidance of the lien. Both Buena Vista and Optimum hired professional real-estate appraisers to appraise the value of the mortgaged properties. Based on the appraisers’ valuations, Buena Vista asserted that the collective value of the two properties was $1,690,000. Optimum asserted that the collective value was $3,375,000.
Rule of Law
Issue
Holding and Reasoning (Fitzgerald, J.)
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