Legal Opinion

In Re Intaco Puerto Rico, Inc.

District Court, D. Puerto Rico

Decided February 22, 1973No. 5-71PublishedCited by 6 opinions

1Opinion of the Court

ORDER

TOLEDO, District Judge.

Recently, we had occasion to pass upon the manner in which payment of attorney’s fees stipulated in a mortgage contract should be handled when the mortgagor petitions for bankruptcy before commencement of any foreclosure proceedings against him by the mortgage. In the Matter of Morales Vda. de Cruz, 357 F.Supp. 1118, decided February 1, 1973.

We decided there that as payment of attorney’s fees is considered a penalty under local law, Salas v. Cabassa, 69 P.R.R. 423 (1948), this Court would apply a strict and literal interpretation to the terms of the mortgage…

2Cases cited9 opinions

  1. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  2. Security Mortgage Co. v. PowersSupreme Court of the United States · 1928
  3. Ex Parte BaldwinSupreme Court of the United States · 1934
  4. Manufacturers' Finance Co. v. McKeySupreme Court of the United States · 1935
  5. In Re Tastyeast, Inc.Court of Appeals for the Third Circuit · 1942

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

3Cited by6 opinions

  1. In Re Hudson Shipbuilders, Inc.Court of Appeals for the Fifth Circuit · 1986
  2. In Re Continental Vending MacHine Corp. And Continental Apco, Inc., Debtors. James Talcott, Inc. v. Irving L. Wharton, TrusteeCourt of Appeals for the Second Circuit · 1976
  3. Pride Companies, L.P. v. Johnson (In Re Pride Companies, L.P.)United States Bankruptcy Court, N.D. Texas · 2002
  4. In Re FrenchUnited States Bankruptcy Court, M.D. Florida · 1995
  5. Blackburn-Bliss Trust v. Hudson Shipbuilders, Inc.Court of Appeals for the Fifth Circuit · 1986

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

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