July 13, 2015
In the Matter of: TORRANCE TREMAYNE GREEN, Debtor;
TORRANCE TREMAYNE GREEN, Appellee RIVERBEND CONDOMINIUM ASSOCIATION, Appellant
Appeal from the United States District Court for the Eastern District of Louisiana.
For RIVERBEND CONDOMINIUM ASSOCIATION, Appellant: Irl R. Silverstein, Silverstein Law Firm, A.P.L.C., Gretna, LA.
For TORRANCE TREMAYNE GREEN, Appellee: Kevin Kennedy Gipson, Law Office of Kevin K. Gipson, Limited, A.P.L.C., New Orleans, LA.
Before KING, SMITH, and ELROD, Circuit Judges.
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.