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District of puerto rico

Figueroa, In re--Figueroa v. Operating Partners Co., LLC

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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Consumer opinion summary, case decided on January 26, 2018 , LexisNexis #0318-029

Figueroa, In re--Figueroa v. Operating Partners Co., LLC

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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Consumer opinion summary, case decided on January 26, 2018 , LexisNexis #0318-029

Horned Dorset Primavera Inc., In re

Ruling
Creditor's claim was deemed a priority claim as the debtor waived the prescriptive term for collection of the debt pursuant to a final agreement. (Bankr. D.P.R.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims.

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Commercial opinion summary, case decided on January 19, 2018 , LexisNexis #0218-096

MuÑiz, In re

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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Consumer opinion summary, case decided on January 05, 2018 , LexisNexis #0218-046

Builders Grp. & Dev. Corp., In re--Rentas v. Pulpeiro

Ruling
Trustee's motion for summary judgment seeking that the defendant be ordered to turnoverthe total amount of $2,100,359.32 denied as trustee failed to meet the requirements of § 542(a).(Bankr. D.P.R.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

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Commercial opinion summary, case decided on December 15, 2017 , LexisNexis #0118-078

Llanos, In re

Ruling
Motions to dismiss granted for debtor's lack of appropriate disclosures by failing to filetimely amended schedules and statements. (Bankr. D.P.R.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on December 14, 2017 , LexisNexis #0118-087

Pj Rosaly Enters., In re

Ruling
Court granted debtor's request to reject a collective bargaining agreement as the debtor's final proposed modifications were fair and equitable. (Bankr. D.P.R.)
Issue(s)
Rejection of Collective Bargaining Agreements.

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Consumer opinion summary, case decided on December 07, 2017 , LexisNexis #0118-055

Empresas Martinez Valen-tin Corp., In re--Empresas Martinez Valentin Corp. v. PC P.R., LLC

Ruling
Court awarded debtor attorney's fees for the services of its former and present counsel. (Bankr.D.P.R.)
Issue(s)
Classification of Claims or Interests.

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Commercial opinion summary, case decided on November 27, 2017 , LexisNexis #0118-030

Halais Grp., Inc., In re

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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Commercial opinion summary, case decided on November 08, 2017 , LexisNexis #1217-060

Morales, In re--Morales v. EMI Equity Mortg. Inc.

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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Consumer opinion summary, case decided on October 18, 2017 , LexisNexis #1117-118