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Legal Opinion

Hoyos Precsas v. Banco De Ponce (In Re Hoyos Precsas)

United States Bankruptcy Court, D. Puerto Rico

Decided April 6, 1987No. 19-00588PublishedCited by 6 opinions

1Opinion of the Court

OPINION AND ORDER

ENRIQUE S. LAMOUTTE, Chief Judge.

This proceeding is before the court on the motion by Banco de Ponce, the defendant in this adversary proceeding and mov-ant in Index C (both matters were consolidated by order entered on May 7, 1986), to dismiss debtors’ complaint to recover a preference on the grounds that debtors have no standing to prosecute such an action.

Debtors base their preference action on the allegation that the security agreement which Banco de Ponce claims is a pledge without a date certain and, thus, ineffective against third parties under 31 L.P.R.A. § 5023 and…

2Cases cited8 opinions

  1. Einoder v. Mount Greenwood Bank (In Re Einoder)United States Bankruptcy Court, N.D. Illinois · 1985
  2. Unsecured Creditors' Committee v. Farmers Savings Bank (In Re Toledo Equipment Co.)United States Bankruptcy Court, N.D. Ohio · 1983
  3. In Re MortonUnited States Bankruptcy Court, E.D. New York · 1984
  4. Enserv Co. v. Manpower, Inc./California Peninsula (In Re Enserv Co.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  5. In Re SANTOS & NIEVES, INC., and Frigorifico Economias, Inc., Debtors. Appeal of Rafael OCASIOCourt of Appeals for the First Circuit · 1987

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3Cited by6 opinions

  1. Society Bank, N.A. v. Sinder (In Re Sinder)United States Bankruptcy Court, S.D. Ohio · 1989
  2. Jardine v. Bennett's Eastside Paint & Glass (In Re Jardine)United States Bankruptcy Court, D. Idaho · 1990
  3. Congress Credit Corp. v. AJC InternationalDistrict Court, D. Puerto Rico · 1995
  4. Miller v. Brotherhood Credit Union (In Re Miller)United States Bankruptcy Court, D. Massachusetts · 2000
  5. Allegheny County (PA) United States Government Employees Federal Credit Union v. Wimbish (In Re Wimbish)United States Bankruptcy Court, W.D. Pennsylvania · 1989

1 more not listed; retrieve them via the Exa API.

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