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District of puerto rico

Reyes, In re-Rentas v. Montero

Ruling
Court ordered the trustee to file a motion for approval of the proposed claim classificationand distribution scheme to determine where the administrative expenses of the estate wouldbe sourced from. (Bankr. D.P.R.)
Issue(s)
Distribution of Property of the Estate; Community Property; Allowed Administrative Expense Claims.

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Consumer opinion summary, case decided on June 29, 2017 , LexisNexis #0817-015

Kersting, In re

Ruling
Avoidance of judicial lien granted where modification of debtor's interest due to dissolution of the conjugal partnership did not affect her ability to avoid that lien. (Bankr. D.P.R.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on June 19, 2017 , LexisNexis #0717-099

Santiago Rodriguez, In re--Santiago Rodriguez v. Martinez

Ruling
Avoidance of preferential transfer was time barred as the debtors had actual knowledge of alleged preferential transfer no later than 19 days before the closing of their case but failed to bring an avoidance action at that time. (Bankr. D.P.R.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations; Time Case is Closed or Dismissed.

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Court :
Consumer opinion summary, case decided on June 08, 2017 , LexisNexis #0717-049

L&R Dev. & Inv. Corp., In re--Gonzalez v. L&R Dev. & Inv. Corp.

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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Commercial opinion summary, case decided on May 08, 2017 , LexisNexis #0617-056

Ramos Herrera, In re--Banco Cooperativo de P.R. v. Ramos Herrera

Ruling
Debtor's motion to dismiss for failure to state a claim for relief under Rule 12(b)(6) was granted. (Bankr. D.P.R.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on April 27, 2017 , LexisNexis #0517-138

Enrique Gil de Lamadrid Perez, In re

Ruling
Court granted debtor's request for voluntary dismissal of his case amid allegations of bad faith and creditor's pending motion to convert. (Bankr. D.P.R.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.

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Consumer opinion summary, case decided on April 24, 2017 , LexisNexis #0517-142

Rivera, In re--Coop A/C Caguas v. Rivera

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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Consumer opinion summary, case decided on April 07, 2017 , LexisNexis #0517-046

Lopez, In re--Oriental Bank v. Lopez

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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Consumer opinion summary, case decided on April 05, 2017 , LexisNexis #0517-051

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

Ruling
Defendant willfully violated the automatic stay of the corporate debtor by disposing off equipment and inventory that were debtor's property. (Bankr. D.P.R.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Commercial opinion summary, case decided on April 04, 2017 , LexisNexis #0517-034

Concepcion, In re--Lyon-Rejincos v. Concepcion

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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Consumer opinion summary, case decided on March 21, 2017 , LexisNexis #0417-106