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 at Docket 108 [Dkt. No. 112]; Defendant Puma Energy Caribe, LLC's (hereinafter "PUMA") Puma's Objection to Motion for Reconsideration at Docket No. 108 [Dkt. No. 113]; Trustee's Opposition to Co-Defendant MAPFRE's Motion Requesting Reconsideration [Dkt. No. 117]; and, MAPFRE's Reply to Trustee's Opposition to MAPFRE's Motion for Reconsideration [Dkt. No. 118]. The various requests for reconsideration stem from an Opinion and Order (hereinafter "Opinion") which denied all the parties' request for summary judgment finding that there was a genuine issue as to a material fact. The court could not discern whether the entire payment in the amount of $100,000.00, made by Debtor Luis Diesel Services, Inc. (hereinafter "Debtor") to MAPFRE, originated from the property of the Debtor.
The Trustee's request for reconsideration argues that the court erred in not accepting as fact that the funds used to buy the bond came from the Debtor. In support she cites information contained in MAPFRE and PUMA's motions for summary judgment. She alleges that these motions contain a copy of the three checks issued by the Debtor to purchase the bond, and a statement under penalty of perjury by Mr. Roberto Soto Lopez,
In turn, MAPFRE's motion for reconsideration sets forth the same factual and legal arguments presented in their motion for summary judgment. PUMA's objection states that it contested, in its opposing statement of uncontested material facts to the Trustee's summary judgment motion, that the Debtor made the $100,000.00. Moreover, the Trustee has not met the heavy burden necessary for reconsideration under the Federal Rules.
Federal Rule of Civil Procedure 59 applies to bankruptcy cases pursuant to Federal Rule Bankruptcy Procedure 9023. For a Rule 59 motion to succeed the movant must show that there has been "manifest errors of law or fact, newly discovered or previously unavailable evidence, manifest injustice, and an intervening change in controlling law."
The Trustee's argument that the funds used to purchase the bond come solely from the Debtor's property has no basis in fact. The copy provided of the three (3) checks used for the bond's purchase, demonstrates that Banco Popular Official check number 103138800002990, made payable to MAPFRE, was remitted by Efrain Maldonado Torres and not the Debtor. In addition, MAPFRE and PUMA both dispute the ownership of the funds used by the Debtor in direct contravention of the Trustee's statements to the contrary.
In the motions to reconsider filed by the Trustee and MAPFRE, both parties fail to establish the legal requirements for reconsideration under Rule 9023 of the Federal Rules of Bankruptcy Procedure. As such, the Trustee's Motion Requesting Order Setting Aside Opinion and Order Entered on March 1, 2019 (Dkt. 102) [Dkt. No. 108] and MAPFRE's Motion for Reconsideration of Opinion and Order entered at Docket 102 [Dkt. No. 110] are DENIED. The court reiterates that there is a genuine issue as to a material fact, specifically, whether the payment of $100,000.00 made by Debtor to MAPFRE originated from property of the Debtor. This is a material fact that mandates an evidentiary hearing. The final pretrial conference is scheduled for May 15, 2019 at 2:00 PM.
SO ORDERED.