- 11 U.S.C.
Rivera, In re--Wiscovitch v. Banco Popular De P.R.
Aug
02
2018
Ruling
Bank's security interest was unavoidable where debtor's savings account was subject to the bank's lien because the bank had a perfected security interest in the debtor's savings account. (Bankr. D.P.R.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Rights and Powers; Trustee’s Avoidance Powers as Judicial Lien Creditor.
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Court
:
- 11 U.S.C.
Mercado, In re--Miranda v. Banco Popular de Puerto Rico
Jun
15
2018
Ruling
Trustee could not avoid an unrecorded mortgage as transfer in debtor's real property where aprepetition transfer never occurred in its favor as bank did not record the mortgage deed overdebtor's real property. (Bankr. D.P.R.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
:
- 11 U.S.C.
MuÑiz, In re
Jan
05
2018
Ruling
Lender did not violate discharge injunction in filing a money-collection action against debtor because the action was directed to the real property. (Bankr. D.P.R.)
Issue(s)
Effect of Discharge.
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Court
:
Halais Grp., Inc., In re
Nov
08
2017
Ruling
Court denied creditor's request for a stay pending appeal as the creditor failed to timely object after receiving proper notice of the time period to object. (Bankr. D.P.R.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings.
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Court
:
Ramos Herrera, In re--Banco Cooperativo de P.R. v. Ramos Herrera
Apr
27
2017
Ruling
Debtor's motion to dismiss for failure to state a claim for relief under Rule 12(b)(6) was granted. (Bankr. D.P.R.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
Enrique Gil de Lamadrid Perez, In re
Apr
24
2017
Ruling
Court granted debtor's request for voluntary dismissal of his case amid allegations of bad faith and creditor's pending motion to convert. (Bankr. D.P.R.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
:
In re Efron Dorado Se
Nov
17
2016
Ruling
Single asset real estate debtor denied stay pending appeal. (Bankr. D.P.R.)
Issue(s)
Completion and Transmission of the Record; Docketing of the Appeal.
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Court
:
- 11 U.S.C.
In re Manuel Mediavilla, Inc.
Sep
23
2016
Ruling
Oversecured creditor not entitled to default rate of interest on claim. (Bankr. D.P.R.)
Issue(s)
In the context of 11 U.S.C.S. § 506, ascertaining the appropriate post-petition interest for creditor's over-secured claim.
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Court
:
Encanto Rests. Inc. v. Aquino Vidal (In re Cousins Intl Food Corp.)
Jun
14
2016
Ruling
Asset purchaser assumed risk and could not enjoin enforcement of creditor that did not receive notice of bankruptcy and whose claim was not discharged.
Issue(s)
Was purchaser of debtor’s two restaurants entitled to a declaratory judgment barring debtor’s judgment creditors from executing against the property?
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Court
:
- FRBP
In re Vent Alarm Corp.
Apr
18
2016
Ruling
Stay pending appeal of contract assumption denied.
Issue(s)
Should the bankruptcy court grant a stay pending appeal of debtor's contract assumption?
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Court
: