Hotel Associates, Inc. v. Trustees of Central States SE & SW Areas Pension Fund (In Re Hotel Associates, Inc.)

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

This is a case of first impression under the Bankruptcy Reform Act of 1978.

Debtor, Hotel Associates, Inc., Robert B. Miller and Stanton R. Miller, Partners Trading as “The Drake” (“Hotel Associates”) filed a Complaint for Determination of Secured Status pursuant to 11 U.S.C. § 506 (1978). Defendants have answered and move for dismissal alleging, inter alia, that the Complaint does not comply with the provisions of § 506.

We agree and conclude that in the absence of an “allowed” claim, a complaint under § 506 is not a proper vehicle for…