CWCapital Asset Management LLC v. Burcam Capital II, LLC

Filing 25

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that the bankruptcy court's orders denying CWC's motion to dismiss and confirming the plan are REVERSED. The remaining motions [DE-24, -26, -27] are DENIED without prejudice to raise the issues with the bankruptcy court on remand. This case is REMANDED to the bankruptcy court for further proceedings consistent with this opinion. The Clerk of Court is DIRECTED to close this case and case number 5:13-CV-279-F (the consolidated appeal). Signed by Susan Edwards, Deputy for Julie A. Richards, Clerk of Court on 6/24/2014. (Edwards, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
U.S. Bank National Association, as Trustee,
successor-in-interest to Bank of America, N.A., as
Trustee, successor by merger to LaSalle Bank
National Association, as Trustee for the
Registered Holders of Greenwich Capital
Commercial Funding Corp., Commercial
Mortgage Trust 2004-GG1, Commercial
Mortgage Pass-Through Certificates, Series 2004GG1 and Bank of America, N.A., successor by
merger to LaSalle Bank National Association, as
Trustee for the Registered Holders of Mezz Cap
Commercial Mortgage Trust, Commercial
Mortgage Pass-Through Certificates, Series 2004C1, by and through CWCapital Asset
Management LLC, solely in its capacity as
Special Servicer,
Appellants,

v.
BURCAM CAPITAL II, LLC,
Appellee.

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JUDGMENT IN A CIVIL CASE
CASE NO. 5:13-CV-279-F

Decision by Court.
This action came before the Honorable James C. Fox, Senior United States District Judge, for ruling
as follows:
IT IS ORDERED, ADJUDGED AND DECREED that the bankruptcy court’s orders denying
CWC’s motion to dismiss and confirming the plan are REVERSED. The remaining motions [DE24, -26, -27] are DENIED without prejudice to raise the issues with the bankruptcy court on remand.
This case is REMANDED to the bankruptcy court for further proceedings consistent with this
opinion. The Clerk of Court is DIRECTED to close this case and case number 5:13-CV-279- F (the
consolidated appeal).

This Judgment Filed and Entered on June 24, 2014, and Copies To:
Constance L. Young (via CM/ECF Notice of Electronic Filing)
William P. Janvier (via CM/ECF Notice of Electronic Filing)

DATE
June 24, 2014

JULIE A. RICHARDS, CLERK
/s/ Susan K. Edwards
(By) Susan K. Edwards, Deputy Clerk