Legal Opinion

In re Jimenez

United States Bankruptcy Court, M.D. Florida

Decided May 23, 2012No. 6:11-bk-10129-KSJPublished

1Opinion of the Court

MEMORANDUM OPINION GRANTING DEBTORS’ MOTION TO VALUE, SUSTAINING DEBTORS’ OBJECTION TO CLAIM, AND GRANTING DEBTORS’ MOTION FOR CRAM DOWN

KAREN S. JENNEMANN, Bankruptcy Judge.

Debtors object1 to Alafaya Homeowners Association’s secured proof of claim for a delinquent homeowners’ association (“HOA”) assessment and have filed a motion to determine the secured status of their claim under § 506(a)(1) of the Bankruptcy Code. Debtors also argue that Ala-faya’s claim is unsecured and, as such, Alafaya is not entitled to post-petition fees or expenses under § 506(b). Debtors also have filed a motion to…

2Cases cited15 opinions

  1. Till v. SCS Credit Corp.Supreme Court of the United States · 2004
  2. Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street PartnershipSupreme Court of the United States · 1999
  3. Bessemer v. GerstenSupreme Court of Florida · 1980
  4. In Re TaylorUnited States Bankruptcy Court, M.D. Florida · 2007
  5. Alabama Department of Economic & Community Affairs v. Ball Healthcare-Dallas, LLC (In Re Lett)Court of Appeals for the Eleventh Circuit · 2011

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