Case Doc 480 Filed 12/19/18 Page 1 of 6. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division

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Entered: December 19th, 2018 Signed: December 18th, 2018 SO ORDERED Case 18-10334 Doc 480 Filed 12/19/18 Page 1 of 6 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In

1 Entered: December 19th, 2018 Signed: December 18th, 2018 SO ORDERED Case Doc 480 Filed 12/19/18 Page 1 of 6 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Debtor. 1 Case No Chapter 11 ORDER (I) RESOLVING LIENHOLDER PRIORITY ISSUES FOR UNITS N-411, N-101, N-603, AND S-613, (II) AUTHORIZING INITIAL DISTRIBUTIONS FOR UNITS N-411, N-101, AND N-603 AND (III) GRANTING RELATED RELIEF Upon the Association s Motion for an Order (I) Authorizing Initial Distributions, (II) Expunging Former Resident/Unit Owner Claims, and (III) Allowing Unit Lienholder and Certain Class 3 Claims [Doc. 353] (the Distribution Motion ) and The Condominium Association of the Lynnhill Condominium's Omnibus Reply to Objections and Issues Set for December 10, 2018 Hearing [Doc. 412] (the Reply ); Court having reviewed the Distribution Motion, the Reply, and the pleadings and related documents filed in connection with the Distribution Motion 2 1 The Association s federal identification number is Related Docs: 353, 361, 362 (as to Unit N-411), 372, 374, 379, 380, 381, 412, 424, 431, 432, and 433.

2 Case Doc 480 Filed 12/19/18 Page 2 of 6 (collectively, the Related Documents ); the Court having held a hearing on December 10, 2018 (the Hearing ); and upon the record of the Hearing and the evidence proffered and the arguments of counsel at the Hearing, and after due deliberation, THE COURT HEREBY FINDS AS FOLLOWS: A. The Court has jurisdiction over the matters raised in the Distribution Motion and the Reply pursuant to 28 U.S.C. 157 and B. This is a core proceeding pursuant to 28 U.S.C. 157(b)(2). C. Adequate notice of the Distribution Motion and the relief requested was given under the circumstances to Former Residents and Unit Lienholders and no other or further notice is necessary. D. The legal and factual bases set forth in the Distribution Motion and the Reply and on the record at the October 3, 2018 hearing before the Court and the Hearing establish just cause for the relief granted herein. Unit N-411 E. Muluye Abtew has a first priority lienholder claim against Unit N-411 in the amount of $72,924.00; and Daniel Wakjira has a second priority lienholder claim against Unit N-411 in the amount of $12, F. McKinney Technology Partners, Inc. ( McKinney ) was not present at the Hearing and has not objected to payment of the lien claims of Messrs. Abtew and Wakjira before any payments (from the available Unit N-411 sale proceeds) to McKinney. Moreover, the evidence shows that McKinney s claim against Unit N-411 in the amount of $3, is subordinate to 2

3 Case Doc 480 Filed 12/19/18 Page 3 of 6 Mr. Abtew s and Mr. Wakjira s claims. 3 Accordingly, McKinney s claim is deemed to have a third priority lienholder claim against Unit N-411 in the amount of $3, Unit N-101 and Unit S-613 G. Neither Richard Bardach nor counsel for Walling Trust Admin appeared at the Hearing despite having filed competing claims against Unit N-101 and Unit S-613. H. Counsel for Kevin Richmond was present at the Hearing and argued that Mr. Richmond holds a first priority lien against Unit N-101 and Unit S-613 in the amount of $83, because Mr. Richmond record his judgment before Mr. Bardach and Walling Trust Admin recorded their respective judgment liens on Unit N-101 and Unit S-613. Mr. Richmond also filed a response explaining why his judgment lien is superior to Mr. Bardach s and Walling Trust Admin s alleged liens. See Doc I. For the reasons articulated on the record, the Court finds that: (1) Mr. Richmond has a first priority lienholder claim against Unit N-101 and Unit S-613 in the amount of $83,957.88; (2) Mr. Bardach has a second priority lienholder claim against Unit N-101 and Unit S-613 in the amount of $82,500.00; and (3) the Walling Trust Admin has not provided evidence sufficient to prove that it is the legal successor to Walljune Private Lending, LLC. Unit N-603 J. CRE Investments, Inc. has a first priority lienholder claim against Unit N-603 in the amount of $2,529.92; and Community Restoration Corporation has a second priority lienholder claim against Unit N-603 in the amount of $70, The attachments to McKinney s claim do not clearly indicate when the taxes were assessed against Unit N-411, but suggest that they may have been assessed for fiscal year See Claim No Unit N-411 s property records show a judgment in favor of Mr. Abtew filed on November 20, 2014 and a notice of lien in favor of Mr. Wakjira filed on March 4, Consequently, both Mr. Abtew s and Mr. Wakjira s liens appear to have been recorded earlier in time, and therefore are superior to McKinney s claim. 3

4 Case Doc 480 Filed 12/19/18 Page 4 of 6 * * * K. The Court hereby determines that the relief sought in the Distribution Motion and the Reply is in the best interest of the Association s creditors, Former Residents, Unit Lienholders and other parties-in-interest and that the legal and factual bases set forth in the Distribution Motion and Reply establish just cause for the relief granted herein; and after due deliberation, and good and sufficient cause appearing therefor, NOW, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: Unit N The Association shall distribute $14, from the Disputed Condo Fees Escrow to Muluye Abtew on account of his unit lienholder claim against Unit N The Association shall make future distributions on account of Unit N-411 only to the extent that Fractional Sale Proceeds for Unit N-411 are available in the following priority: (1) Muluye Abtew in an amount not to exceed $58,006.65; (2) Daniel Wakjira in an amount not to exceed $12,000.00; and (3) McKinney Technology Partners, Inc. in an amount not to exceed $3, Unit N The Association shall distribute $41, to Kevin Richmond on account of his unit lienholder claim against Unit N The Association shall make future distributions on account of Unit N-101 only to the extent that Fractional Sale Proceeds for Unit N-101 are available in the following priority: (1) Kevin Richmond in an amount not to exceed $42,785.18; and (2) Richard Bardach in an amount not to exceed $82,500.00; provided however, that the aggregate amount distributed to the foregoing parties on account of their respective lienholder claims against Unit N-101 and Unit S-613 shall not exceed the amounts set forth in paragraph I. of this Order. 4

5 Case Doc 480 Filed 12/19/18 Page 5 of 6 Unit N The Association shall distribute (1) $2, to CRE Investments, Inc. and (2) $12, to Community Restoration Corporation on account of their respective lienholder claims against Unit N The Association shall make future distributions on account of Unit N-603 only to the extent that Fractional Sale Proceeds for Unit N-603 are available to Community Restoration Corporation in an amount not to exceed $58, Unit S To the extent that future distributions on account of Unit S-613 exceed amounts owed to the Association, the Association shall distribute such excess amounts on account of Unit S-613 only to the extent that Fractional Sale Proceeds for Unit S-613 are available in the following priority: (1) Kevin Richmond in an amount not to exceed $42,785.18; and (2) Richard Bardach in an amount not to exceed $82,500; provided however, that the aggregate amount distributed to the foregoing parties on account of their respective lienholder claims against Unit N-101 and Unit S-613 shall not exceed the amounts set forth in paragraph I. of this Order. General Matters 8. Any objections made and relief requested in the Related Documents, at the October 3, 2018 hearing, or at the Hearing not expressly sustained and granted in this Order are overruled and denied with prejudice. 9. The terms of this Court s Order (I) Authorizing Initial Distributions, (II) Expunging Former Resident/Unit Owner Claims, and (III) Allowing Unit Lienholder and Certain Class 3 Claims [Doc. 374] (the Distribution Order ) are applicable to, and incorporated into, this Order 5

6 Case Doc 480 Filed 12/19/18 Page 6 of 6 as if fully set forth herein; provided, however, that to the extent the terms of this Order conflict with the terms of the Distribution Order, the terms of this Order shall prevail. 10. The Association is authorized to deliver the distributions required by this Order on, but not prior to, the first day after this Order becomes non-appealable and is not stayed. 11. All distributions authorized in this Order are subject to the receipt of a W-9 or other documentation reasonably requested by the Association. 12. Except as expressly set forth otherwise in this Order, the Association is immediately authorized to take all actions necessary to effectuate the relief granted in this Order. 13. The Court retains jurisdiction with respect to all matters arising from or related to the interpretation or implementation of this Order. cc: Patrick J. Potter Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street, NW Washington, DC Dania Slim Pillsbury Winthrop Shaw Pittman LLP 324 Royal Palm Way, Suite 220 Palm Beach, FL Jason S. Sharp Pillsbury Winthrop Shaw Pittman LLP 909 Fannin, Suite 2000 Houston, TX William C. Johnson, Jr L Street NW, Suite 750 Washington, DC Jeanne M. Crouse Office of the United States Trustee 6305 Ivy Lane, Suite 600 Greenbelt, MD END OF ORDER 6

Case Doc 454 Filed 12/07/18 Page 1 of 5. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division

Case Doc 454 Filed 12/07/18 Page 1 of 5. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division Case 18-10334 Doc 454 Filed 12/07/18 Page 1 of 5 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND Greenbelt Division In re: THE CONDOMINIUM ASSOCIATION OF THE LYNNHILL CONDOMINIUM, Debtor. 1