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District of puerto rico

Fraterfood Serv. v. DDR Del Sol LLC (In re Fraterfood Serv.)

Ruling
Stay pending appeal denied to debtor absent evidence of irrevocable harm.
Issue(s)
Should debtor be granted a stay pending appeal?

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Commercial opinion summary, case decided on September 11, 2015 , LexisNexis #1015-035

Rentas v. Municipality of San Sebastian (In re PMC Mktg. Corp.)

Ruling
Trustee's recitation of statutory language was insufficient to defeat municipality's motion to dismiss avoidance proceeding.
Issue(s)
Whether the court should grant a municipality's motion to dismiss a chapter 7 trustee's complaint for failure to state a claim.

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Commercial opinion summary, case decided on July 27, 2015 , LexisNexis #0815-092

Rodriguez v. Siverio (In re Siverio)

Ruling
Debt was nondischargeable due to debtor's selling property without owner's consent.
Issue(s)
Was debt resulting from allegedly willfully and maliciously to creditor when debtor acquired a property against creditor's will and authorization nondischargeable?

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Consumer opinion summary, case decided on July 21, 2015 , LexisNexis #0815-052

Feliciano v. Rivera (In re Sonera)

Ruling
Motion to dismiss adversary proceeding granted upon reconsideration as the proceeding was untimely filed without an extension of time.
Issue(s)
Should motion to dismiss adversary proceeding as untimely be granted upon reconsideration?

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Consumer opinion summary, case decided on July 21, 2015 , LexisNexis #0815-048

Melendez v. Cooperativa De AC Naguabena (In re Melendez)

Ruling
Filing of lis pendens by unsecured creditor violated the discharge injunction.
Issue(s)
Did unsecured creditor violate the discharge injunction by filing a lis pendens against debtor's property?

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Consumer opinion summary, case decided on July 20, 2015 , LexisNexis #0815-055

Fraterfood Serv. v. DDR Del Sol LLC S.E. (In re Fraterfood Serv.)

Ruling
Adversary proceeding dismissed and debtor's attorney sanctioned for commencing proceeding intended to delay payment of rent owed by debtor.
Issue(s)
Should adversary proceeding be dismissed and debtor's attorney sanctioned for filing a proceeding not supported by existing law and was allegedly filed for the improper purpose of forestalling creditor's collection of its postpetition, prerejection rent claim?

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Commercial opinion summary, case decided on July 16, 2015 , LexisNexis #0815-069

In re Soto

Ruling
Hearing was necessary to determine if debtor was competent or required a guardian ad litem.
Issue(s)
Should a guardian ad litem be appointed to represent debtor due to alleged disability and medical condition?

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Consumer opinion summary, case decided on July 14, 2015 , LexisNexis #0815-033

Lopez-Santos v. Ayala Rodriguez (In re Ayala Rodriguez)

Ruling
Debt for injuries caused by debtor's intoxicated operation of motor vehicle was nondischargeable.
Issue(s)
Were damages resulting from personal injuries suffered by creditors in an accident which resulted from the unlawful operation of a motor vehicle by debtor while intoxicated nondischargeable?

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Consumer opinion summary, case decided on July 06, 2015 , LexisNexis #0715-124

In re Morales

Ruling
Bankruptcy court overruled trustee's proposed valuation of debtor's pending cause of action.
Issue(s)
Was trustee's proposed valuation of debtor's interest in class action by multiplying the amount of the judgment requested times the probability of success the correct valuation?

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Consumer opinion summary, case decided on July 02, 2015 , LexisNexis #0715-133

In re MJS Las Croabas Props.

Ruling
Motion by law firm representing debtor's homeowners' association for stay pending appeal of sanctions order denied.
Issue(s)
Should law firm representing the homeowners' association of debtor be granted a stay pending appeal of the court's order for sanctions?

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Commercial opinion summary, case decided on June 30, 2015 , LexisNexis #0715-104