Cooper v. WPB Poplar Ridge, LLC

Filing 6

ORDER re 1 Bankruptcy Appeal, ( Oral Argument set for 1/6/2015 09:30 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before District Judge Max O. Cogburn Jr. Signed by District Judge Max O. Cogburn, Jr on 11/18/2014. (nv)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
DOCKET NO. 1:14-cv-00166-MOC
LANGDON M. COOPER, Trustee

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Appellant,
Vs.
WPB POLAR RIDGE, LLC,
Appellee.

ORDER

THIS MATTER is before the court on appellant’s Notice of Appeal (#1), which has now
been fully briefed. Appellant has raised the following issues on appeal:
I.

The Bankruptcy Court erred in granting WPB Poplar Ridge's Motion to Dismiss
because there are genuine issues of fact as to whether the Poplar Ridge Deed of
Trust encumbered the Declarant Rights.

II.

WPB Poplar Ridge did not pay "reasonably equivalent value" for the Declarant
Rights and, regardless, the Bankruptcy Court erred by making factual
determinations on this point inappropriate for a Motion to Dismiss.

III.

The North Carolina Planned Community Act treats Declarant Rights as separate
from real estate. Consequently, the Bankruptcy Court erred in concluding that
WPB Poplar Ridge automatically acquired them in foreclosure or that the Trustee
had "artificially separated" the Declarant Rights from the real estate.

IV.
The court will calendar such appeal for oral arguments.
ORDER
IT IS, THEREFORE, ORDERED that the Clerk of this Court calendar appellant’s
Appeal for oral arguments on the January 2015 hearing date in Asheville.

Signed: November 18, 2014

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