Silver Lakes Ass'n v. Felburg (In re Felburg)

Good Law
1984 Bankr. LEXIS 5632·39 B.R. 591
United States Bankruptcy Court, Central District of CaliforniaMay 21, 1984Bankruptcy Nos. LA 81-16282-CA, LA 82-11400-CA; Adv. Nos. LA 83-5519-CA, LA 83-5638-CACalifornia976 words

Opinion

Lead Opinion

Ashland, J.

MEMORANDUM OF DECISION

BACKGROUND

Silver Lakes Association asked relief from the automatic stay to collect overdue association fees from the debtors. The fees were assessed pursuant to the Declaration of Covenants and Restrictions of Silver Lakes resort community. The association alleged that it was providing maintenance, security and improvement services to the resort community, and that the debtors as owners of parcels in the resort were not paying their share of the services. The association also alleged that if relief was not granted, it would have difficulty in providing further services to the resort.

At a pre-trial hearing on the complaint of the association I ruled that the assessments due the association were entitled to administrative priority pursuant to Section 503(b)(1)(A). The attorneys for the debtor asked leave to submit post hearing briefs to discuss the priority issue further. A memorandum of decision was entered on July 29, 1983 and an order based upon the memorandum was entered October 7, 1983. The debtors filed a timely request for reconsideration of the memorandum and order.

DISPOSITION

The motion for reconsideration is granted and the order entered…

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