OPINION AND ORDER ENRIQUE S. LAMOUTTE , Bankruptcy Judge . This case is before the court upon EMI Equity Mortgage's ("EMI") Motion Requesting the Stay be Lifted (Docket No. 16) and the Debtor's Response to Motion Requesting that Stay be Lifted Docket No. 16 (Docket No. 21). During the hearing held on February 26, 2019, the court requested the parties to submit legal memoranda regarding their respective arguments, the main issue being whether the Debtor had an interest over the property...
OPINION AND ORDER BRIAN K. TESTER , Bankruptcy Judge . Before the court is Juan A. Nieves Qui onez and Yamir Garcia Segarra's (hereinafter "Debtors" or "Plaintiffs") Motion for Reconsideration of Judgment [Dkt. No. 31], along with Banco Popular de Puerto Rico's (hereinafter "BPPR" or "Defendant") Opposition to Plaintiff's Motion for Reconsideration [Dkt. No. 32]. This controversy stems from the court's Opinion and Order [Dkt. No. 27] and subsequent Judgment [Dkt. No. 28] granting BPPR'...
OPINION AND ORDER Enrique S. Lamoutte , United States Bankruptcy Judge . This case is before the court upon Betteroads Asphalt, LLC and Betterecycling Corporation (hereinafter referred to as "Involuntary Debtors" or "Betteroads" and "Betterecycling") Motion for Stay Pending Appeal (Case No. 17-04156, Docket no. 569; Case No. 17-04157, Docket No. 392) filed on November 4, 2019. The Involuntary Debtors request that the Chapter 11 proceedings be stayed until the resolution of the pending...
OPINION AND ORDER Edward A. Godoy , U.S. Bankruptcy Judge . Pending before the court is a motion to appoint a chapter 11 trustee brought by creditor Logistic Systems, Inc. ("Logistic" or the "movant") and the opposition to it filed by Skytec, Inc. ("Skytec" or the "debtor"). For the reasons stated below, the court denies Logistic's motion. I. Procedural History. Skytec is a Puerto Rico corporation in the telecommunications field that works mostly with emergency-services agencies in...
OPINION AND ORDER ENRIQUE S. LAMOUTTE , Bankruptcy Judge . This case is before the court upon the Debtor's Motion for Reconsideration and/or Determination of Additional Facts Under Fed. R. Civ. Proc. R. 59; 52 (Fed. R. Bankr. Proc. 9023, 7052) (Docket No. 478), Lord's Opposition to Debtor's Motion for Reconsideration and Determination of Additional Facts (Docket No. 2655), the Debtor's Response to Lord's Opposition to Debtor's Motion for Reconsideration (Docket No. 2657) and Lord's...
OPINION AND ORDER BRIAN K. TESTER , Bankruptcy Judge . Before this court is a Motion to Dismiss [Dkt. No. 22], filed by Defendant, Banco Popular de Puerto Rico (hereinafter, "BPPR" and/or "Defendant"), an Opposition to Motion to Dismiss [Dkt. No. 31] filed by Juan J. Guallini Indij and Raquel Medina Rampolla (hereinafter, "Debtors" and/or "Plaintiffs"), a Reply to Opposition to Motion to Dismiss the Verified Complaint [Dkt. No. 40] filed by BPPR, and an Opposition to BPPR's Motion...
OPINION AND ORDER Enrique S. Lamoutte , United States Bankruptcy Judge . This adversary proceeding is before the court upon the Motion to Dismiss Complaint under Fed. R. Civ. P. 12(b)(6) (Docket No. 16) filed by defendant, First-Bank Puerto Rico (hereinafter referred to as the "Defendant" or "Firstbank") arguing: (i) that Plaintiffs' allegations are not sufficient at law to establish a cause of action for which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6) because...
OPINION AND ORDER Enrique S. Lamoutte , United States Bankruptcy Judge . This adversary proceeding is before the court upon the Motion to Dismiss (Docket No. 8) filed by defendant, Banco Popular de Puerto Rico (hereinafter referred to as the "Defendant" or "BPPR") arguing: (i) lack of ripeness under Fed. R. Civ. P. 12(b)(1), given that the Property Registrar has not notified any defect in the mortgage deed, and, in any case, BPPR has a prepetition property interest, thus, BPPR is allowed...
OPINION AND ORDER Enrique S. Lamoutte , United States Bankruptcy Judge . The matter before the court in the above captioned involuntary chapter 11 petitions is whether the Petitioning Creditors, composed of Firstbank Puerto Rico ("Firstbank"), Banco Santander de Puerto Rico ("Banco Santander"), the Economic Development Bank for Puerto Rico ("EDB"), and Banco Popular de Puerto Rico ("Banco Popular" or the "Administrative Agent", and collectively with Firstbank, Banco Santander and EDB, the "...
OPINION & ORDER BRIAN K. TESTER , Bankruptcy Judge . Before the court's consideration is Creditor Mayaguez Port Commission's (hereinafter "MPC") Motion for Summary Judgment [Dkt. No. 122]; MPC's Statement of Material Facts in Support for the Mayaguez Ports Commission Motion for Summary Judgment [Dkt. No. 123]; the appointed Chapter 7 Trustee Roberto Roman Valentin's (hereinafter "Trustee") Motion for Summary Judgment [Dkt. No. 124]; the MPC's Opposition to "The Chapter 7 Trustee's...
OPINION AND ORDER ENRIQUE S. LAMOUTTE , Bankruptcy Judge . This case is before the court upon the motion to dismiss filed by Loiza Ponce Holdings, LLC ("Loiza Ponce"), alleging that the petition was filed in bad faith and the opposition filed by the debtor, La Trinidad Elderly LP SE (`Debtor" or "Trinidad"). Loiza Ponce alleges that the instant petition was filed in bad faith as the purpose for filing the same was solely to stay the judicial sale of its real estate property and that Debtor...
OPINION AND ORDER ENRIQUE S. LAMOUTTE , Bankruptcy Judge . This case is before the court upon Puerto Rico Asphalt, LLC's (hereinafter referred to as "PRA") Urgent Motion for Stay Pending Appeal (Case No. 17-04156, Docket no. 446; Case No. 17-04157, Docket No. 307) filed on July 9, 2019. PRA requests the stay of a bench ruling rendered at the June 27, 2019 evidentiary hearing in which the court determined that PRA has no standing to request the striking, suppressing and/or reopening of...
OPINION & ORDER BRIAN K. TESTER , Bankruptcy Judge . Before the court is Plaintiff Noreen Wiscovitch Rentas, Chapter 7 Trustee's (hereinafter "Trustee" or "Plaintiff") Motion Requesting Order Setting Aside Opinion and Order Entered on March 1, 2019 (Dkt. 102) [Dkt. No. 108]; Defendant MAPFRE PRAICO Insurance Company's (hereinafter "MAPFRE") Motion for Reconsideration of Opinion and Order entered at Docket 102 [Dkt. No. 110]; MAPFRE's Objection to Trustee's Motion for Reconsideration...
OPINION AND ORDER MILDRED CAB N FLORES , Bankruptcy Judge . Noreen Wiscovitch Rentas ("Plaintiff"), Trustee of the Chapter 7 estate of Irraga, Corp. ("Debtor"), filed the instant adversary proceeding to obtain the turnover of property and collection of monies from QB Construction, Inc. and QB Construction S.E. ("Defendants"), alleging that Defendants owed Debtor money for landscaping services and materials it provided to Defendants on two occasions. The issues presented are whether the...
OPINION AND ORDER ENRIQUE S. LAMOUTTE , Bankruptcy Judge . This case is before the court upon Debtor's Position as to Overpayment to Lord under the 15% Footnote Provision of the Supplement to Plan of Reorganization at Docket No. 1017 filed by Redondo Construction Corporation (hereinafter referred to as the "Debtor" or "Redondo") and the Opposition to Debtor's Position as to Alleged Overpayment under the 15% Footnote Provision filed by Continental Lord, Inc. (hereinafter referred to as...
OPINION AND ORDER MILDRED CABAN FLORES , Bankruptcy Judge . Plaintiff, Oliver C & I Corp. ("Debtor"), filed an amended complaint against its partners and other non-creditor third parties to claim partnership distributions as property of the estate. The Defendants filed a renewed motion to dismiss or abstain ("Second Motion to Dismiss"). In it, they request that the Court dismiss the amended complaint on all counts based on this court's lack of jurisdiction to interpret the partnership...
OPINION AND ORDER Enrique S. Lamoutte , United States Bankruptcy Judge . The above alleged debtors are before the court upon several motions aimed at disposing of the involuntary petitions. Alleged debtors pray for the dismissal of both involuntary petitions and the petitioning creditors pray for the entry of an order of relief under chapter 11. The pending motions are: (1) Motion of the Alleged Debtor Betteroads Asphalt LLC to Dismiss the Involuntary Bankruptcy Petition (Lead Case No....
OPINION & ORDER BRIAN K. TESTER , Bankruptcy Judge . BACKGROUND: The United States Internal Revenue Service (hereinafter "IRS") has requested this court to reconsider its Opinion & Order entered on December 29, 2017 [Dkt. No. 82] (hereinafter "Opinion"), under Rule 9023 of the Federal Rules of Bankruptcy Procedure. In their Motion for Relief from Order [Dkt. No. 86], (hereinafter "Motion") filed January 12, 2018, the IRS asked this court to reconsider its ruling regarding two issues...
OPINION & ORDER Brian K. Tester , U.S. Bankruptcy Judge . Before this Court is Co-Defendant, United States of America's (hereinafter, "IRS") Motion for Partial Summary Judgment [Dkt. No. 48], Debtor, Cesar I. Vargas Qui nez's (hereinafter, "Debtor") Motion for Summary Judgment [Dkt. No. 55], Co-Defendant, Treasury Department of the Commonwealth of Puerto Rico's (hereinafter, "Hacienda") Motion Requesting Entry of Summary Judgment [Dkt. No. 57], Hacienda's Statement of Facts in...
OPINION AND ORDER ENRIQUE S. LAMOUTTE , Bankruptcy Judge . The instant adversary proceeding was filed by the Debtor/Plaintiff against the Creditors/Defendants alleging that the Defendants violated the automatic stay provisions of 11 U.S.C. 362(a)(2) and (6). The adversary proceeding is before the court upon Plaintiff's Motion for Partial Summary Judgement and Memorandum of Law in Support Thereof (Docket No. 30 and Docket No. 31) and Defendants' Memorandum of Law in Support of Their...
