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677 B.R. 219
Bankr. M.D.N.C.
2025
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Background

  • Fall Creek One, LLC, filed for Chapter 11 bankruptcy after ceasing loan payments to Marine Federal Credit Union, who holds a secured claim based on property purchased and improved for short-term rentals.
  • The real property in question, located in North Carolina, was originally purchased for $3 million and further financed and improved, with current renovations including cabins and glamping pods.
  • Marine Federal asserted a secured claim of over $4.3 million, while the debtor sought to value the secured claim at $2 million, arguing this reflected the fair market value of the collateral.
  • Both parties submitted expert reports with divergent valuations ($4.36 million vs. $2.46 million), with the main dispute centering on methodology and assumptions for future income.
  • The court held an evidentiary hearing, took the matter under advisement, and determined that the valuation should be based on the income approach, using debtor's projected income after improvements.
  • Ultimately, the court valued the secured claim at $3,794,314.89, considering both appraisals, the debtor’s projections, the recent acquisition price, and additional investment into the property.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Proper method for valuing secured claim Income approach appropriate; value should reflect future earning potential Sales comparison more common, use comparable property sales Income approach appropriate; based on future income after improvements
Proper date for valuation Should be after completion of improvements and income stabilization Not directly challenged Post-completion and stabilization is correct
Credibility of appraisers' valuation assumptions Debtor’s projections are reliable for valuation Opponent’s higher income assumptions more speculative Court relies primarily on debtor’s own, supported projections but critically reviews both sides
Allocation of burden of proof Burden should be on creditor Burden is on debtor to prove plan’s feasibility Burden on debtor, as plan proposes specific treatment

Key Cases Cited

  • United States v. Ron Pair Enters., Inc., 489 U.S. 235 (secured claims under § 506(a) are limited to collateral value)
  • Associates Comm’l Corp. v. Rash, 520 U.S. 953 (collateral value is determined by what a willing buyer would pay for use by the debtor)
  • In re Price, 562 F.3d 618 (Fourth Circuit rule on bifurcating undersecured claims)
  • Hurlburt v. Black, 925 F.3d 154 (explains claim bifurcation and valuation under Section 506(a))
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Case Details

Case Name: Fall Creek One, LLC
Court Name: United States Bankruptcy Court, M.D. North Carolina
Date Published: May 9, 2025
Citations: 677 B.R. 219; 24-80221
Docket Number: 24-80221
Court Abbreviation: Bankr. M.D.N.C.
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