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IN RE HOSPITALITY VENTURES/LAVISTA

Bankruptcy No. 01-88200-PWB. Adversary No. 03-6596.

314 B.R. 843 (2004)

In re HOSPITALITY VENTURES/LAVISTA, a Georgia General Partnership, Debtor. Hospitality Ventures/Lavista, a Georgia General Partnership, Plaintiff, v. Heartwood 11, L.L.C., Vesta Holdings I, L.L.C., and Vesta Holdings, Inc., Defendants and Third-Party Plaintiffs, v. Dekalb County, Georgia, and Tom Scott, Tax Commissioner, Dekalb County, Georgia, Third-Party Defendants.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

August 18, 2004.

Attorney(s) appearing for the Case

Joshua M. Katz, Louis G. McBryan, Macey, Wilensky, et al., Atlanta, GA, for debtor.

Bruce Z. Walker, Mark S. Marani, Cohen, Pollock, Axelrod & Small, Atlanta, GA, for Defendants and Third-Party Plaintiffs.

Mark A. Thompson, Assistant County Attorney, Decatur, GA, for Third-Party Defendants.

MEMORANDUM OPINION WITH REGARD TO MOTIONS FOR ABSTENTION

PAUL W. BONAPFEL, Bankruptcy Judge.

Section 505(a) of the Bankruptcy Code provides that the bankruptcy court "may determine the amount or legality of any tax . . . whether or not previously assessed." Invoking this statute, the chapter 11 debtor seeks a redetermination of ad valorem taxes on its hotel, alleging that they were based on erroneously high assessments of its value.

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