Cooper v. WPD Polar Ridge, LLC (In re Poplar Ridge, LLC), 526 B.R. 147 (W.D. N.C. 2015) –

After a developer defaulted, the trustee under a deed of trust held a pre-petition foreclosure sale.  The issue was whether the developer debtor’s “declarant rights” were included in the property that was transferred in the sale.  The bankruptcy trustee contended that the rights should not have been transferred and sought to set aside the conveyance.