Legal Opinion

In Re Morales Vda. De Cruz

District Court, D. Puerto Rico

Decided February 1, 1973No. 44-70, 45-70PublishedCited by 8 opinions

1Opinion of the Court

ORDER

TOLEDO, District Judge.

The petitioner, Housing Investment Corporation asks this Court to review a decision handed down by the Referee in Bankruptcy to the effect that the filing of a proof of claim is not the “judicial action” contemplated by the parties in the mortgage note which would entitle petitioner herein to 10 %■ of the principal as a fixed sum to cover costs and attorneys’ fees in case of “foreclosure or judicial collection”. As the Banco de San Juan has filed bankruptcy claims regarding the same issue, we granted its motion to intervene as amicus curiae in this action.

The…

2Cases cited5 opinions

  1. Straton v. NewSupreme Court of the United States · 1931
  2. Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
  3. In Re Tastyeast, Inc.Court of Appeals for the Third Circuit · 1942
  4. Flower v. Commercial Trust Co.Court of Appeals for the Eighth Circuit · 1915
  5. First Savings & Trust Co. v. MannCourt of Appeals for the Seventh Circuit · 1912

3Cited by8 opinions

  1. In The Matter Of The Colorado CorporationCourt of Appeals for the Tenth Circuit · 1976
  2. In Re B & P Enterprises, Inc.United States Bankruptcy Court, W.D. Tennessee · 1986
  3. Andrew v. KMR Corp. (In Re Bullock)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  4. In Re St. Augustine Gun Works, Inc.United States Bankruptcy Court, M.D. Florida · 1987
  5. In Re FrenchUnited States Bankruptcy Court, M.D. Florida · 1995

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