Judge Lamoutte

Sanchez v. Department of Treasury (In re Sanchez)

Before the court was the motion for partial summary judgment filed by debtors alleging that the Puerto Rico Treasury Department ("Treasury") deliberately and wilfully violated the automatic stay pursuant to 11 U.S.C.S. § 362(k)(1) because it sent to debtors various notices and requests for payment of income tax liabilities after the filing of the bankruptcy petition. Treasury filed its motion in opposition.
Ruling: 
Notices of tax assessments did not violate stay.
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Consumer case opionion summary, case decided on January 11,2013, LexisNexis #0213-005

In re International Home Prods.

Chapter 11 debtors filed a motion pursuant to Fed. R. Bankr. P. 8005 to stay the implementation of the court's order regarding turnover of property.
Ruling: 
Stay of order for turnover of property denied.
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Commercial case opionion summary, case decided on December 26,2012, LexisNexis #0113-103

Rentas v. Claudio (In re Garcia)

Plaintiff chapter 7 Trustee brought an adversary proceeding seeking the turnover of certain funds resulting from the public auction of certain properties in which the debtors claimed an interest. Defendants sought to nullify the contracts or, alternatively, they contended that equitable remedies warranted that they should be compensated.
Ruling: 
Trustee entitled to turnover of proceeds of shares of interest in real estate, which were acquired prior to petition date.
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Consumer case opionion summary, case decided on December 13,2012, LexisNexis #0113-068

In re Gulfcoast Irrevocable Trust

Debtor trusts filed separate petitions under chapter 11 of the Bankruptcy Code, and the Federal Deposit Insurance Corporation ("FDIC") filed motions to dismiss all three cases on the ground that the trusts were not eligible under 11 U.S.C.S. § 109 to declare bankruptcy. The court considered the FDIC's motions together because the agreements creating the trusts were essentially the same.
Ruling: 
Trustee met burden of showing trusts were not valid business trusts and were ineligible debtors but debtors were given opportunity to rebut findings.
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Commercial case opionion summary, case decided on November 30,2012, LexisNexis #1212-106

In re Gulfcoast Irrevocable Trust

These cases were before the court upon the motion to dismiss the petitions as having been filed in the improper venue, or, in the alternative, to transfer venue to the U.S. Bankruptcy Court for the Middle District of Florida, Tampa Division, filed by the Federal Deposit Insurance Corporation, as receiver for a bank. The motion was filed in each bankruptcy petition. Debtors opposed the motion.
Ruling: 
Case filed in improper venue where debtor's major business decisions were made in another district.
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Commercial case opionion summary, case decided on November 30,2012, LexisNexis #1212-135

In re Scarfia

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and the Federal Deposit Insurance Corporation ("FDIC"), acting as receiver for a Puerto Rico bank, filed a motion for an order under 28 U.S.C.S. §§ 1408 and 1412, 11 U.S.C.S. § 105(a), and Fed. R. Bankr. P. 1014 that dismissed the debtor's case or transferred venue to the U. S. Bankruptcy Court for the Middle District of Florida. The debtor opposed the FDIC's motion.
Ruling: 
Case dismissed for improper venue where debtor's business interests and domicile were in another district.
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Consumer case opionion summary, case decided on November 30,2012, LexisNexis #1212-136

In re Swiss Chalet Inc.

Debtor, citing 11 U.S.C.S. § 350 and Fed. R. Bankr. P. 3022, applied to the court for a final decree on claims that the plan had been substantially consummated, drawing objections from three parties in interest, including the U.S. trustee (UST). Debtor also moved to alter or amend per Fed. R. Civ. P. 59(e) to challenge the $10,000 monthly charges that one such party, a broker, sought as an administrative expense and raising related issues.
Ruling: 
Pending proceedings prevented order closing case.
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Commercial case opionion summary, case decided on November 27,2012, LexisNexis #1212-110

Raso v. Fahey (In re Fahey)

Employee benefit plan trustee (the creditor) sought review of an order from the United States Bankruptcy Court for the District of Massachusetts, which granted summary judgment in favor of appellee debtor on the creditor's complaint seeking a determination that certain unpaid contributions to multiple employee benefit plans were nondischargeable pursuant to 11 U.S.C.S. § 523(a)(4).
Ruling: 
Holding that nonpayment of contributions to retirement plan did not result in nondischargeable debt reversed and remanded for further findings since debtor acted in fiduciary capacity.
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Consumer case opionion summary, case decided on November 20,2012, LexisNexis #1212-050

Garcia v. Department of the Treasury of the Commonwealth of Puerto Rico (In re Garcia)

Chapter 13 debtors filed an adversary proceeding against the Department of the Treasury of the Commonwealth of Puerto Rico ("Treasury Department") and a chapter 13 trustee, seeking a determination that the Treasury Department was liable in damages because it violated the stay that was imposed pursuant to 11 U.S.C.S. § 362(a) when the debtors declared bankruptcy. The debtors filed a motion for partial summary judgment.
Ruling: 
Treasury department violated stay by sending notices of attachment to debtors.
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Consumer case opionion summary, case decided on November 02,2012, LexisNexis #1212-004

Cordero v. Cooperative De Ahorro Y Creditor Nuestra Seora De La Candelaria (In re Cordero)

Debtors brought an adversary proceeding against creditor, asserting violations of the discharge injunction, pursuant to 11 U.S.C.S. § 524(a)(2), and moved for partial summary judgment on the claim.
Ruling: 
Creditor was subject to sanctions for collection efforts that violated discharge injunction.
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Consumer case opionion summary, case decided on October 23,2012, LexisNexis #1112-069

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