In re Alonso
Feb
17
2016
Ruling
Creditor sanctioned for filing an amended proof of claim three months before plan completion and frivolous motions that followed.
Issue(s)
Should bank be sanctioned for the filing of an amendment to its claim three months before plan completion and ensuing vexatious litigation?
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Court
:
- 11 U.S.C.
In re Zayas
Dec
16
2015
Ruling
Debtor could not claim exemption in funds withdrawn from thrift savings account prior to petition date and transferred to spouse.
Issue(s)
Could debtor claim a retirement funds exemption in funds withdrawn from a thrift account and transferred to spouse prior to petition date?
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Court
:
Santiago v. Cooperativa de Ahorro y Credito de Arecibo (In re Santiago)
Nov
05
2015
Ruling
Claim secured by motor vehicle could be bifurcated into secured and unsecured portions.
Issue(s)
Did proper valuation of motor vehicle securing creditor's loan support bifurcation of the claim into secured and unsecured portions?
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Court
:
- 11 U.S.C.
In re Santiago
Oct
09
2015
Ruling
Chapter 11 case converted to chapter 7 due to debtor's inability to service debt and inability to rehabilitate business.
Issue(s)
Should chapter 11 case be converted to chapter 7 or dismissed on grounds that there is no reasonably likelihood of rehabilitation of the debtor?
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Court
:
- 11 U.S.C.
Instituto Medico Del Norte Inc. v. Municipality of Vega Baja (In re Instituto Medico Del Norte Inc.)
Oct
05
2015
Ruling
Municipality's motion to dismiss stay violation proceeding denied where complaint set forth a plausible cause of action.
Issue(s)
Should proceeding for stay violation be dismissed on grounds that creditor municipality's actions were deficiency notifications that were excepted from the automatic stay?
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Court
:
- FRBP
In re Soto
Jul
14
2015
Ruling
Hearing was necessary to determine if debtor was competent or required a guardian ad litem.
Issue(s)
Should a guardian ad litem be appointed to represent debtor due to alleged disability and medical condition?
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Court
:
- FRBP
In re MJS Las Croabas Props.
Jun
30
2015
Ruling
Motion by law firm representing debtor's homeowners' association for stay pending appeal of sanctions order denied.
Issue(s)
Should law firm representing the homeowners' association of debtor be granted a stay pending appeal of the court's order for sanctions?
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Court
:
- FRBP
Rivera v. Lake Berkley Resort Master Assn (In re Rivera)
Jun
22
2015
Ruling
Stay pending appeal of order due to neglect of debtor's attorney acting within authority denied, despite debtors' potential insolvency.
Issue(s)
Whether defendants should be granted a stay pending appeal pursuant to Fed. R. Bankr. P. 8007.
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Court
:
- 11 U.S.C.
Gonzalez v. P.R. Treasury Dept (In re Gonzalez)
Jun
19
2015
Ruling
Tax notice threatening seizure of debtor's property violated the automatic stay.
Issue(s)
Did postpetition tax notice threatening seizure of debtor's property violate the automatic stay?
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Court
:
Torres v. Santander Fin. Servs. (In re Torres)
Jun
18
2015
Ruling
Notice of sale of debt did not violate the automatic stay.
Issue(s)
Was creditor's mailing of a letter to debtor, requesting that payment be sent to a collection agency, a willful violation of the automatic stay?
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Court
: