Legal Opinion

In Re Spa at Sunset Isles Condominimum Ass'n, Inc.

United States Bankruptcy Court, S.D. Florida.

Decided July 13, 2011No. 18-22178PublishedCited by 2 opinions

1Opinion of the Court

ORDER GRANTING IN PART DEBTOR’S MOTION FOR SURCHARGE PURSUANT TO 11 U.S.C. § 506(c) AGAINST ONEWEST BANK

PAUL G. HYMAN JR., Chief Judge.

THIS MATTER came before the Court upon The Spa at Sunset Isles Condominium Association, Inc.’s (the “Debtor”) Motion for Surcharge Pursuant to 11 U.S.C. § 506(c) (the “Motion”) and OneWest Bank FSB’s (“OneWest”) 1 Response. The Debtor filed the Motion pursuant to its Plan of Reorganization (D.E. 81) (the “Plan”), 2 which the Court approved on February 15, 2011 (the “Confirmation Hearing”). Of the numerous banks that are the target of the Motion, only OneW-est…

2Cases cited28 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Shillitani v. United StatesSupreme Court of the United States · 1966
  4. Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
  5. Patterson v. ShumateSupreme Court of the United States · 1992

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3Cited by2 opinions

  1. Palms & Sands Owners Assn. v. Bank of America CA4/1California Court of Appeal · 2015
  2. Palms & Sands Owners Assn. v. Bank of America CA4/1California Court of Appeal · 2015

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