Scotiabank de Puerto Rico v. Burgos

The majority focuses with laser-like intensity on the question of whether the intervals purchased by the timeshare buyers in this case constitute real property as opposed to purely contractual interests. After deciding that those intervals comprise real property, the majority then washes its hands of the matter.

In my view, the majority incorrectly answers the question that it poses. Equally as important, this question — no matter how it is answered — is not dispositive of the broader question of the parties’ rights in bankruptcy. For both of these reasons, I respectfully dissent.

The scene is…