Legal Opinion

Mender v. Carrion (In Re Martinez)

United States Bankruptcy Court, D. Puerto Rico

Decided October 11, 2006No. 19-00637Published

1Opinion of the Court

OPINION AND ORDER

SARA DE JESUS, Bankruptcy Judge.

The issue at hand is whether the Trustee met his burden of showing the $175,000 received by the Defendant when Debtor executed a deed of sale conveying realty to Computer Gallery, Inc. (“Computer Gallery”), can be avoided pursuant to 11 U.S.C. §§ 544, 547, and 550 of the U.S. Bankruptcy Code. Defendant objects the Trustee’s attempt to avoid this transfer for a number of reasons, which we address seriatim. For reasons that follow, we grant the Trustee’s request.

Undisputed Relevant Facts(1) Defendant owned a tract of land with its structure…

2Cases cited13 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
  3. In Re Bullion Reserve of North America, a California Corporation, Curtis B. Danning, Chapter 7 Trustee v. Theodore P. BozekCourt of Appeals for the Ninth Circuit · 1988
  4. Irizarry López v. García CámaraSupreme Court of Puerto Rico · 2001
  5. Daigle v. Maine Medical Center, Inc.Court of Appeals for the First Circuit · 1994

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