In re Alonso
Feb
17
2016
Ruling
Creditor sanctioned for filing an amended proof of claim three months before plan completion and frivolous motions that followed.
Issue(s)
Should bank be sanctioned for the filing of an amendment to its claim three months before plan completion and ensuing vexatious litigation?
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Court
:
- FRBP
Santiago v. Rushmore Loan Mgmt. Servs. (In re Santiago)
Feb
02
2016
Ruling
Secured claim filed in chapter 13 case in which a plan had not been confirmed was not untimely.
Issue(s)
Whether to grant a motion to reconsider an order dismissing debtor's complaint to determine the validity, priority, and extent of a lien.
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Court
:
- 11 U.S.C.
In re Zayas
Dec
16
2015
Ruling
Debtor could not claim exemption in funds withdrawn from thrift savings account prior to petition date and transferred to spouse.
Issue(s)
Could debtor claim a retirement funds exemption in funds withdrawn from a thrift account and transferred to spouse prior to petition date?
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Court
:
- FRBP
Rodriguez v. Collazo (In re Melendez)
Dec
03
2015
Ruling
Pro se debtor sanctioned for frivolous proceeding alleging fraud and violation of the discharge injunction.
Issue(s)
Should adversary proceeding brought by pro se debtor challenging judgment lien on property be dismissed?
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Court
:
- 11 U.S.C.
Medina v. Municipality of Carolina (In re Medina)
Nov
12
2015
Ruling
Debtors were barred from claiming emotional distress damages from municipality.
Issue(s)
Could debtors assert a claim on behalf of the estate for emotional distress damages against a municipality based on a breach of a rental agreement?
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Court
:
Santiago v. Cooperativa de Ahorro y Credito de Arecibo (In re Santiago)
Nov
05
2015
Ruling
Claim secured by motor vehicle could be bifurcated into secured and unsecured portions.
Issue(s)
Did proper valuation of motor vehicle securing creditor's loan support bifurcation of the claim into secured and unsecured portions?
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Court
:
- 11 U.S.C.
Insite Corp. v. Walsh Const. Co. Puerto Rico (In re Insite Corp.)
Oct
29
2015
Ruling
Contract balances that debtor sought to recover from construction company were not property of the estate where debtor was in arrears with contractors and suppliers.
Issue(s)
Did a construction company violate the automatic stay by refusing to turn over contract funds to debtor?
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Court
:
- 11 U.S.C.
In re Santiago
Oct
09
2015
Ruling
Chapter 11 case converted to chapter 7 due to debtor's inability to service debt and inability to rehabilitate business.
Issue(s)
Should chapter 11 case be converted to chapter 7 or dismissed on grounds that there is no reasonably likelihood of rehabilitation of the debtor?
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Court
:
- 11 U.S.C.
Instituto Medico Del Norte Inc. v. Municipality of Vega Baja (In re Instituto Medico Del Norte Inc.)
Oct
05
2015
Ruling
Municipality's motion to dismiss stay violation proceeding denied where complaint set forth a plausible cause of action.
Issue(s)
Should proceeding for stay violation be dismissed on grounds that creditor municipality's actions were deficiency notifications that were excepted from the automatic stay?
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Court
:
- 11 U.S.C.
In re Casiano Communs. Inc.
Sep
25
2015
Ruling
Default interest rate on postpetition financing agreement reduced on reasonableness grounds.
Issue(s)
What was the proper default rate of interest on debtor's postpetition financing agreement?
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Court
: