In re Burgos
May
12
2014
Ruling
Case dismissed due to debtor's failure to file timely disclosure statement and plan.
Issue(s)
Whether debtors' case should be converted or dismissed as a result of their failure to timely file a disclosure statement and plan?
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Court
:
- 28 U.S.C.
In re Federacion De Maestros De P.R. Inc.
Feb
27
2014
Ruling
State law turnover claim, the purpose of which was not to collect debt, was subject to mandatory abstention.
Issue(s)
Should bankruptcy court abstain from hearing motion by debtor seeking an order requiring state court to turn over funds currently held in deposit as a result of two civil suits brought by creditor?
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Court
:
- 11 U.S.C.
Falcone v. Ragonese (In re Ragonese)
Feb
26
2014
Ruling
Debt properly held nondischargeable due to creditor's reliance on debtor's misrepresentation regarding completion of residence.
Issue(s)
Whether creditor homeowners were justified in relying on debtor contractor's misrepresentations concerning completion of their vacation residence so as to render the resulting debt nondischargeable?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Rentas v. Aguadilla Shopping Ctr. Inc. (In re PMC Mktg. Corp.)
Jan
15
2014
Ruling
Check issued and cashed outside of preference period was not an avoidable preference.
Issue(s)
Could trustee avoid payment made well in advance of 90-day preference period.
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Court
:
Rentas v. Vaquerias Tres Monjitas Inc. (PMC Mktg. Corp.)
Dec
20
2013
Ruling
Preference period payments were avoidable as not made for new value or in ordinary course of business.
Issue(s)
Did subsequent new value or ordinary course of business defenses apply to prevent avoidance of debtor's preference period payments.
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Court
:
- 11 U.S.C.
In re Advanced Computer Tech. Act Inc.
Oct
15
2013
Ruling
Bankruptcy court lacked jurisdiction to consider post-discharge claim for attorneys' fees.
Issue(s)
Could court rule on post-dismissal application for attorneys' fees which were not requested in original motion to dismiss.
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Court
:
- 11 U.S.C.
Rentas v. Triple-S Salud Inc. (In re PMC Mktg. Corp.)
Sep
24
2013
Ruling
Preferential payments made 119 days late were not avoidable as made in debtor's and creditor's ordinary course of business.
Issue(s)
Were payments made to creditor 119 days late covered by the ordinary course of business exception to avoidance.
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Court
:
- 11 U.S.C.
Rentas v. AIG Life DE PR (In re PMC Mktg. Corp.)
Sep
19
2013
Ruling
Preference proceeding filed within most recent extension of time was not time barred.
Issue(s)
Whether the complaint for avoidance of preferential transfers was time barred.
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Court
:
- 11 U.S.C.
Lopez v. CitiMortgage Inc. (In re Lopez)
Jul
23
2013
Ruling
Bank's postpetition attempts to collect payments including arrears contained in proof of claim violated stay.
Issue(s)
Whether a debtor was entitled to summary judgment on his claim alleging that a bank violated the stay that was imposed pursuant to 11 U.S.C.S. § 362 when he declared chapter 13 bankruptcy, and seeking damages in the amount of $150,000.
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Court
:
- 11 U.S.C.
In re Efron
Jun
28
2013
Ruling
Court order for payments by debtor to former spouse, who needed money for financial obligations, was a nondischargeable domestic support obligation.
Issue(s)
Whether monthly payments of $50,000 which a Puerto Rico court ordered a Chapter 11 debtor to pay his ex-wife pursuant to P.R. Laws Ann. tit. 31, § 3700, pending an order which divided the parties' property, were "domestic support obligations" under 11 U.S.C.S. § 101(14A) that were entitled to priority claim status under 11 U.S.C.S. § 507(a)(1)(A).
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Court
: