First Owner's Association of Forty Six Hundred Condominium, Inc. v. Gordon Properties, LLC

Filing 49

MEMORANDUM OPINION: For these reasons, the bankruptcy court's decision will be reversed and this matter will be remanded with instructions to allow FOA's proof of claim for $315,673.36, which amounts to 11.32% of the operation and management expenses agreed upon by the parties' experts, by an appropriate Order to be issued with this Memorandum Opinion. Signed by District Judge Leonie M. Brinkema on 8/22/14. (yguy)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA

CLBP.K. JS DISTRICT COURT

Alexandria Division

;'; .EXAWDRIA, VIRGINIA

IN RE: GORDON PROPERTIES, LLC,
Debtor.

I:12cvll55
FIRST OWNERS'

(LMB/IDD)

ASSOCIATION OF

FORTY SIX HUNDRED

CONDOMINIUM,

INC.,

Appellant,
v.

GORDON PROPERTIES,

LLC,

Appellee.
MEMORANDUM OPINION

Before the Court is an appeal from a bankruptcy court
decision disallowing appellant's proof of claim.

For the

reasons that follow, the decision will be reversed and the

matter remanded in light of this Memorandum Opinion.
I.

BACKGROUND

The instant appeal of an extremely contentious bankruptcy
proceeding concerns a mixed-use condominium located at 4600 Duke

Street in Alexandria, Virginia, known as the Forty Six Hundred
Condominium (the "Condominium").

The dominant Condominium

structure is a high-rise building that contains 396 residential

units and 54 commercial units.

The remainder of the Condominium

consists of two adjacent street-front commercial units, one
occupied by a gas station and the other by a restaurant.

These