Skip to main content

Page Banner(Taxonomy)

District of puerto rico

Sorrenti, In re--Sorrenti v. Dep't of Treasury

Ruling
Department of the Treasury’s garnishment notice violated the discharge instruction. (Bankr. D.P.R.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

ABI Membership is required to access the full summary of Sorrenti, In re--Sorrenti v. Dep't of Treasury Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 29, 2025 , LexisNexis #1125-013

Lopez, In re

Ruling
Mortgage was avoided as preferential because it was recorded eight years late and within 90 days of debtor’s Chapter 7 filing. (Bankr. D.P.R.)
Issue(s)
Preferences; Avoidable Transfers.

ABI Membership is required to access the full summary of Lopez, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 29, 2025 , LexisNexis #1125-038

Lugo, In re

Ruling
Court ruled foreclosure sale was valid because stay did not apply to property owned by debtor’s corporation. (Bankr. D.P.R.)
Issue(s)
Automatic Stay; Scope.

ABI Membership is required to access the full summary of Lugo, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 18, 2025 , LexisNexis #0825-058

Ithier, In re

Ruling
Debtor's conduct, while involving initial non-disclosure of assets, did not rise to the level of egregiousness required for a bar to refile upon voluntary dismissal. (Bankr. D.P.R.)
Issue(s)
Effect of Dismissal; Subsequent Filings.

ABI Membership is required to access the full summary of Ithier, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-029

Rosario, In re

Ruling
Court deferred to Chapter 7 trustee’s business judgment in settling damages claim held by debtor in case converted from Chapter 11. (Bankr. D.P.R.)
Issue(s)
Duties of Trustee; Included Duties; Collect and Reduce to Money Property of the Estate.

ABI Membership is required to access the full summary of Rosario, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-017

Ruiz, In re--Rodriguez v. Junta De Retiro Del Gobierno De P.R.

Ruling
Debtor’s claims for violation of the discharge that predated the effective date of the plan were discharged under the terms of the plan. (Bankr. D.P.R.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of Ruiz, In re--Rodriguez v. Junta De Retiro Del Gobierno De P.R. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 20, 2025 , LexisNexis #0425-077

Carrigan, In re

Ruling
Debtor's amended plan was patently unconfirmable as it failed to provide for full payment of priority tax claims. (B.A.P. 1st Cir.)
Issue(s)
Automatic Stay; Duration.

ABI Membership is required to access the full summary of Carrigan, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 18, 2025 , LexisNexis #0425-081

Galarza, In re

Ruling
Complaint alleging federal government willfully violated a discharge order had to be dismissed for lack of jurisdiction as taxpayers could not seek damages for unauthorized collection actions without first exhausting administrative remedies with the IRS. (Bankr. D.P.R.)
Issue(s)
Effect of Discharge.

ABI Membership is required to access the full summary of Galarza, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 07, 2024 , LexisNexis #0125-057

Marrero Nuñez, In re

Ruling
Funds garnished pre-petition to satisfy a final judgment in favor of Cooperativa de Ahorro y Crédito de Arecibo were not property of the bankruptcy estate. (Bankr. D.P.R.)
Issue(s)
Property of the Estate.

ABI Membership is required to access the full summary of Marrero Nuñez, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 01, 2024 , LexisNexis #0125-058

Viera, In re

Ruling
Debtor’s tenth bankruptcy, filed after nine prior cases were dismissed due to fault of debtor, also dismissed due to failure to timely file disclosure statement and plan. (Bankr. D.P.R.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes “Cause”; Failure to File Disclosure Statement or File or Confirm Plan.

ABI Membership is required to access the full summary of Viera, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 08, 2024 , LexisNexis #1224-067