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Riverbend Condominium Assn
v.
Torrance Green
v.
Torrance Green
14-31117.
Court of Appeals for the Fifth Circuit.
Jul 13, 2015.
Published opinion
Published | Bankruptcy
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-31117 United States Court of Appeals
Fifth Circuit
FILED
In the Matter of: TORRANCE TREMAYNE GREEN, July 13, 2015 Lyle W. Cayce Debtor Clerk
--------------------------------
RIVERBEND CONDOMINIUM ASSOCIATION,
Appellant
v.
TORRANCE TREMAYNE GREEN,
Appellee
Appeal from the United States District Court
for the Eastern District of Louisiana
Before KING, SMITH, and ELROD, Circuit Judges.
FOR THE FIFTH CIRCUIT
No. 14-31117 United States Court of Appeals
Fifth Circuit
FILED
In the Matter of: TORRANCE TREMAYNE GREEN, July 13, 2015 Lyle W. Cayce Debtor Clerk
--------------------------------
RIVERBEND CONDOMINIUM ASSOCIATION,
Appellant
v.
TORRANCE TREMAYNE GREEN,
Appellee
Appeal from the United States District Court
for the Eastern District of Louisiana
Before KING, SMITH, and ELROD, Circuit Judges.
PER CURIAM:
In this Chapter 13 bankruptcy case, the bankruptcy court held that the privilege created by La. Rev. Stat. § 9:1123.115(1) (2014) on a Louisiana condominium for all unpaid sums assessed by the condominium association against the condominium owner is a statutory lien (as distinguished from a security interest) and is therefore subject to bifurcation under 11 U.S.C. § 1322(b)(2). The district court affirmed. For the reasons given by the district court in its Order and Reasons attached hereto, we affirm the district court’s affirmance of the bankruptcy court’s order. AFFIRMED.