Bankruptcy Court for the District of Puerto Rico Court Cases

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  1. In Re Mec Steel Buildings, Inc. (1992)

    This case is before the Court upon a Motion to Dismiss filed by defendant San Lorenzo Construction Corp. Defendants allege that the issue in dispute in the present case constitutes a non-core matter, and thus, the bankruptcy court lacks subject matter jurisdiction to enter a final order or judgment. Defendants state that because "plaintiff is pursuing a collection of monies for alleged events that occurred practically one year prior to the bankruptcy petition . . . the complaint should be [...]

    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. B-90-03042(ESL), Adv. No. 91-0019
  2. In Re Pabon Rodriguez (1999)

    Before the Court is a Motion requesting reconsideration of judgment filed by Plaintiffs on January 5th, 1998. Docket no. 17. Plaintiffs also pray the Court to consider their reply to the Trustee's motion for summary judgment (Docket no. 14) and their motion for reconsideration of Judgment (Docket no. 17) as motions under Rules 59 and/or 60 of the Federal Rules of Civil Procedure and in the alternative, as a motion requesting an extension of time to appeal. Docket no. 18.


    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. 95-02831, Adversary Nos. 96-0108, 96-0109
  3. Matter of Supermercado Gamboa, Inc. (1986)

    This adversary proceeding came before the court on the defendant's motion to dismiss the complaint by the debtor-plaintiff seeking an order barring the defendant from seeking relief against the nondebtor officers and shareholders of the debtor corporation on their personal guarantees of certain debts of the debtor corporation. The debtor filed its Chapter 11 petition in this court on May 29, 1986. The complaint alleges that the defendant has instituted various lawsuits in a Commonwealth court [...]

    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. B-86-00978(A), Adv. No. 86-0176
  4. Matter of Colon Vazquez (1990)

    Island Finance Corporation objected to the confirmation of the Chapter 13 Plan proposed by Debtors, alleging Debtors were not committing all their projected disposable income to be received during a three year period for payment of their creditors as required by 11 U.S.C. § 1325(b)(1)(B).[*]


    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. 87-02373(SEK)
  5. In Re Codfish Corp. (1988)

    This proceeding came before the Court on March 25, 1988 for an evidentiary hearing on plaintiff-debtor's request that the automatic stay provisions of 11 U.S.C. § 362(a) be extended to its president, Mr. Paulo da Cunha. Plaintiff seeks to enjoin the Federal Deposit Insurance Corporation (FDIC) from further prosecuting a civil action against Mr. da Cunha before the U.S. District Court. Plaintiff presented Mr. Paulo da Cunha as a witness. Defendant did not present evidence and relied on its [...]

    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. B-88-01668(ESL), Adv. No. 88-0038
  6. In Re Ibarra (1999)

    Before the Court is the Objection to Confirmation filed by secured creditor Virgilio López Quiñones ("Creditor"). Creditor asserts that the proposed plan of reorganization violates Section 1322(b)(2) of the Bankruptcy Code, 11 U.S.C. § 1322(b)(2), by attempting to modify its rights arising out of a short-term promissory note secured only by Debtor's residence that had matured prior to Debtor's petition for relief. Debtor alleges that it may cure the arrears and pay in full the claim pursuant [...]

    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. 98-05517 (ESL)
  7. In Re Carlos A. Rivera, Inc. (1991)

    This case is before the Court upon the motion of Quadrel Leasing de Puerto Rico, Inc., Quadrel Leasing Corporation and Quadrel Brothers Trucking Co. (hereinafter referred to as "Quadrel") to lift the automatic stay pursuant to 11 U.S.C. § 362 (1990). At the hearing held on March 18, 1991, the Court made findings of fact and granted the parties thirty days to file briefs as to whether a pre-petition attachment of moveable property constitutes a lien within the meaning of the laws of Puerto Rico.

    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. B-90-02752(ESL)
  8. In Re Diaz (1995)

    Before the court is an Affidavit (docket No. 105) filed by debtor Vinicio Medrano Diaz wherein it is alleged that the undersigned has a relationship with particular parties in this action and, as a result, recusal is warranted in order that debtor's due process rights "to have an impartial Judge" are not violated.[1] Debtor asserts that partiality results because the undersigned is a Colonel and defendant Orlando Gonzalez Hernandez, Esq. is a Major in the Puerto Rico Air National Guard [...]

    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. B-92-07589(SEK). Adv. No. 93-0010(ESL)
  9. In Re Segarra (1981)

    Plaintiffs, consisting of debtors, a creditor, and the creditors committee have filed these adversary proceedings against the defendant bank and an unknown insurance company alleging, in essence, that the defendant bank acted improperly in its relationships with debtor and seeking a variety of relief against the bank including damages.


    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. B-80-00490 (B), Adv. No. 81-0109
  10. In Re Rios (2009)

    This adversary proceeding is before the court upon the motion for summary judgment filed on August 20, 2009 by Luis Soto Rios and Brenda Tosado Arbelo (hereinafter referred to as "Debtors" or "Plaintiffs") (Docket No. 32). Plaintiffs argue that in conformity with the Mortgage Law of the Commonwealth of Puerto Rico and the Puerto Rico Civil Code, unrecorded mortgage liens at the time of the filing of the bankruptcy petition are not valid against a bona fide purchaser of real property of the [...]

    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. 08-01890. Adversary No. 09-00063
  11. In Re Scotland Guard Services, Inc. (1993)

    This case is before the court upon the motion to dismiss by co-defendants Julio Capo Capo, Roberto A. Pietri Bonilla, Edwin Miranda, Hector Rosario and Jose del Valle, as well as the briefs filed by the parties following the status conference held on April 24, 1992. At that time, the court asked the parties to brief the following issues:


    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. B-86-01773 (ESL). Adv. No. 92-0007
  12. In Re Santos Borrero (1987)

    This case came before the Court on April 10, 1987 for a hearing to consider the confirmation of a sale by the Chapter 7 trustee. At the hearing, the Court was informed of a contested matter pending before the court which concerned a lease contract which the trustee was proposing to sell. The Court took both matters under advisement and now proceeds to enter the following findings of fact and conclusions of law:


    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. B-86-00685(ESL)
  13. Matter of Perez Hernandez (1987)

    This case is before the Court upon the request of Mr. José M. Torres, trustee herein, for the reimbursement of expenses incurred during the administration of the debtor's estate. Notice was given to all creditors of the trustee's petition for payment of expenses. No opposition was filed.


    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. B-86-01361(ESL)
  14. In Re El Comandante Management Co., LLC. (2006)

    David Godreau, Latimer Biaggi Rachid & Godreau, Fausto D. Godreau Zayas, San Juan, PR, Ilka Diaz Delgado, Jose A. Penabaz, Horwath Velez & Co, PSC, Guaynabo, PR, Joseph D. Steinfield, Prince, Lobel, Glovsky & Tye, Boston, MA, for Debtors.


    Court: Bankruptcy Court for the District of Puerto Rico Docket: 04-10938 (ESL)
  15. In Re Nasco PR, Inc. (1990)

    There are two matters pending before the Court. The motion for summary judgment filed by Chemical Bank ("Chemical") and the opposition thereto by debtor/plaintiff, and the request to lift stay filed by Chemical. The Court will only address at this time the request to lift the automatic stay provisions of 11 U.S.C. § 362(a).


    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. B-89-03988(ESL), Adv. No. 89-0078
  16. In Re Advanced Cellular Systems (1999)

    Before the Court is the Motion to Dismiss and Brief in Support filed by Juan Antonio García, Insurance Commissioner of Puerto Rico ("Commissioner") and appointed liquidator of El Fénix de Puerto Rico, Compañía de Seguros ("El Fénix"). The Commissioner argues that this Court does not have jurisdiction to entertain this adversary proceeding because on September 16, 1997, Puerto Rico's Court of First Instance issued an order declaring El Fénix an insolvent insurer and appointing the [...]

    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy Nos. 97-07437, 98-07438. Adversary No. 98-0078
  17. In Re Hernandez (1996)

    Before the court is a Motion for Summary Judgment (docket No. 4) filed by American Express Travel Related Services Co., Inc. (AMEX-TRS) and an Opposition to Motion for Summary Judgment (docket No. 6) filed by defendants Amado Cordero Hernandez and Diego Ferrer, Trustee. The issue before this court is whether a claim reduced to judgment in a state court collection of monies action has preclusive effect upon discharge of the claim in future bankruptcy proceedings. After careful consideration, we [...]

    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. 95-02313(ESL). Adv. No. 95-0062
  18. Matter of Moscoso Villaronga (1989)

    The Federal Deposit Insurance Co. (F.D.I.C.) filed this Motion Requesting Relief from the Automatic Stay. It claims that, as a partially secured creditor pursuant to 11 U.S.C. § 362(d)(2), it is entitled to a modification of the stay, in order to prosecute its case for collection of money against the Debtor, pending before the U.S. District Court for the District of Puerto Rico, until entry of final judgment and to execute its prejudgment attachment encumbering realty owned by Debtor.


    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. 88-01217 (SEK)
  19. In Re Sea Air Shuttle Corp. (1994)

    Before the Court are cross motions for summary judgment by the Chapter 7 Trustee, and claimants Robert and Betty Griggs, who are the former officers, directors and shareholders of the Debtor. The present dispute concerns the classification of two claims previously designated as "superpriority" and "administrative" during the Chapter 11 phase of the case, but for which timely proofs of claim were not filed after conversion to Chapter 7.


    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. 92-00313
  20. In Re Echevarria (1997)

    The debtor filed a petition for relief under Chapter 13 of the Bankruptcy Code on March 15, 1990. Doral Mortgage Corporation ("Doral") filed a timely secured claim in the amount of $11,218.31. Doral was active in the case; filing an objection to confirmation, which it subsequently withdrew. The trustee recommended confirmation of the debtor's plan and it was confirmed on October 31, 1990. The plan provided that the trustee would pay Doral's secured claim in full. The plan also provided for lien [...]

    Court: Bankruptcy Court for the District of Puerto Rico Docket: Bankruptcy No. 90-01262 (GAC)

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