- 11 U.S.C.
Rivera, In re
Sep
21
2018
Ruling
Only remaining or newly created community property and debtor's separate property wereproperty of the bankruptcy estate as the parties' conjugal partnership had been dissolved.(Bankr. D.P.R.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; Community Property; Property Managed and Controlled By Debtor.
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Court
:
- 11 U.S.C.
Cruz, In re
May
18
2018
Ruling
Court ruled that debtor could amend her schedules and exempt the proceeds of her unusedbut accumulated sick leave from property of the estate. (Bankr. D.P.R.)
Issue(s)
Exemptions; Types of Exempt Property; General Surplus.
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Court
:
Figueroa, In re--Figueroa v. Operating Partners Co., LLC
Jan
26
2018
Ruling
Defendant's motion to dismiss complaint denied as plaintiff's filing of complaint does notseem unreasonably delayed and the court was not persuaded it should estop plaintiff in orderto protect the integrity of the judicial proceedings. (Bankr. D.P.R.)
Issue(s)
Defenses and Objections -- When and How Presented -- By Pleading or Motion -- Motion for Judgment on the Pleadings; Applicability of Rule 12(b)--(i) F.R.Civ.P.
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Court
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Figueroa, In re--Figueroa v. Operating Partners Co., LLC
Jan
26
2018
Ruling
Defendant's motion to dismiss complaint denied as plaintiff's filing of complaint does notseem unreasonably delayed and the court was not persuaded it should estop plaintiff in orderto protect the integrity of the judicial proceedings. (Bankr. D.P.R.)
Issue(s)
Defenses and Objections -- When and How Presented -- By Pleading or Motion -- Motion for Judgment on the Pleadings; Applicability of Rule 12(b)--(i) F.R.Civ.P.
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Court
:
Morales, In re--Morales v. EMI Equity Mortg. Inc.
Oct
18
2017
Ruling
Mortgagee’s lien over debtor's residence was null and void as the debtor's deed of sale and mortgage were never recorded. (Bankr. D.P.R.)
Issue(s)
Summary Judgment.
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Court
:
- 28 U.S.C.
L&R Dev. & Inv. Corp., In re--Gonzalez v. L&R Dev. & Inv. Corp.
May
08
2017
Ruling
Case was remanded to the court of first instance as all of the factors constituting mandatory abstention were present. (Bankr. D.P.R.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
- 11 U.S.C.
Rivera, In re--Coop A/C Caguas v. Rivera
Apr
07
2017
Ruling
Cooperative's claim was deemed nondischargeable as it would not have refinanced debtor's loan if it had known that the debtors no longer owned the real property which secured the original loan. (Bankr. D.P.R.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Lopez, In re--Oriental Bank v. Lopez
Apr
05
2017
Ruling
Bankruptcy court could not resolve a dispute involving real property as the property involved was not a property of the bankruptcy estate. (Bankr. D.P.R.)
Issue(s)
Property of the Estate.
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Court
:
- 11 U.S.C.
Concepcion, In re--Lyon-Rejincos v. Concepcion
Mar
21
2017
Ruling
Creditors' motion for partial summary judgment seeking to pierce a trust's veil to revert the assets of the trust to the bankruptcy estate granted where there was no triable issue as to any material facts. (Bankr. D.P.R.)
Issue(s)
Turnover of Property to the Estate.
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Court
:
- 11 U.S.C.
Gil, In re--Gil v. Cooperativa De Ahorro y Credito de Isabela
Mar
09
2017
Ruling
Plaintiff's motion for partial summary judgment on liability was granted as the defendan'ts collection efforts against plaintiffs after they filed for bankruptcy protection constituted a willful violation of the discharge injunction. (Bankr. D.P.R.)
Issue(s)
Effect of Discharge.
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