- 11 U.S.C.
Clarey, In re
Nov
18
2024
Ruling
Court reasoned that filing a mechanic's lien to perfect a pre-existing lien does not violate the automatic stay. (Bankr. D.S.D.)
Issue(s)
Automatic Stay; Exceptions; Acts to Perfect, Maintain or Continue Perfection of an Interest in Property.
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- 11 U.S.C.
Puntas Assocs. LLC, In re--Punta Assocs., LLC v. Muñiz Ruiz
Oct
29
2021
Ruling
Expiration of time to cure faults in mortgage deed and the withdrawal of the deedextinguished creditor's interest in the subject property. (Bankr. D.P.R.)
Issue(s)
Automatic Stay; Exceptions; Acts to Perfect, Maintain or Continue Perfection of an
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Judge or Jurisdiction information not available
- 11 U.S.C.
Walker In re
Dec
20
2017
Ruling
Court ruled that mere possession of the vehicle of the debtor by the possessory lien holder did not automatically grant the latter the protection afforded by the law. (Bankr. N.D. Ill.)
Issue(s)
Automatic Stay; Exceptions; Acts to Perfect, Maintain or Continue Perfection of an Interest in Property.
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- 11 U.S.C.
Hernandez v. Banco Popular De Puerto Rico Popular Mortg. Inc. (In re Hernandez)
Mar
18
2016
Ruling
Filed but unrecorded mortgage could be the basis for a secured claim.
Issue(s)
Whether a filed but unrecorded mortgage deed could be treated as a secured claim.
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- 11 U.S.C.
In re 800 Bourbon St. LLC
Nov
20
2015
Ruling
Lien that was invalidated postpetition could be continued without violating the automatic stay and was not subject to avoidance.
Issue(s)
Should lien that was invalidated after the petition date be avoided?
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- 11 U.S.C.
Branch Banking & Trust Co. v. Construction Supervision Servs. (In re Construction Supervision Servs.)
May
22
2014
Ruling
Liens that arose upon subcontractor's prepetition delivery of materials were interests in debtor's property, even though not perfected on petition date.
Issue(s)
Whether construction subcontractors entitled to a lien on funds under North Carolina law had an interest in property when the debtor contractor filed for bankruptcy, by which time the subcontractors had not yet served notice of, and thereby perfected, their liens.
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Judge or Jurisdiction information not available
- 11 U.S.C.
FirstBank P.R. v. Mujica (In re Mujica)
Mar
31
2014
Ruling
Creditor failed to establish that it had a validly perfected lien on the petition date or that it was entitled to the postpetition recording exception.
Issue(s)
Whether a creditor had a validly perfected lien at the time of the filing of the debtor's bankruptcy petition and/or subject to be recorded post-petition under the exception provided by 11 U.S.C.S. § 362(b)(3).
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- 11 U.S.C.
Perez Mujica v. FirstBank P.R. (In re Perez Mujica)
Sep
08
2011
Ruling
Relief from stay denied where creditor had not recorded mortgage and was unsecured.
Procedural posture
Plaintiff debtor, brought an adversary proceeding seeking a holding that defendant creditor did not have a perfected mortgage lien over its real property under P.R. Laws Ann. tit. 30, § 2260, and was unsecured. The creditor asserted it was entitled to relief from the automatic stay under 11 U.S.C.S. § 362(b)(3). The parties filed cross motions for summary judgment. The mortgage in issue was unrecorded at the time of the bankruptcy filing.
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- 11 U.S.C.
In re Rios
Apr
07
2010
Ruling
Unrecorded mortgage liens were exempt from stay due to relation back mechanism of Puerto Rican law.
Procedural posture
In this chapter 11 case, the debtors filed an adversary proceeding against defendant creditor primarily with respect to the creditor's claim pertaining to mortgage liens and the creditor's contention that such liens were excepted from the automatic stay under 11 U.S.C.S. § 362(b)(3). The debtors filed a motion for summary judgment and the creditor filed a cross motion for summary judgment.
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- 11 U.S.C.
Tosado v. Banco Popular de P.R. (In re Rios)
Nov
20
2009
Ruling
Unrecorded mortgage liens fell within perfection of property interest exception to stay.
Procedural posture
Debtors brought an adversary proceeding pursuant to 11 U.S.C.S. §§ 544(a), 547(b), 549. The proceeding was before the court upon debtors' motion for summary judgment. Creditor filed a cross-motion for summary judgment.
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