Legal Opinion

Rodriguez v. Naihomy (In Re Rodriguez)

Bankruptcy Appellate Panel of the First Circuit

Decided December 1, 2005No. BAP No. PR 04-064. Bankruptcy No. 04-03904-GACPublishedCited by 7 opinions

1Opinion of the Court

VOTOLATO, Bankruptcy Judge.

Before the Panel is an appeal from a November 18, 2004 bankruptcy court decision and order granting Inmobiliaria Nai-homy’s (the “Buyer”) motion for summary judgment, and motion for leave to evict the Debtor from his home in Caguas, Puerto Rico (the “Property”). At issue in this appeal is whether the Debtor was divested of his interest in the Property upon the “adjudication” 1 of such property at a pre-petition judicial sale. 2 This statement still begs the question, however, for the following reason: Since there is no clear precedent as to whether, under Puerto…

2Cases cited13 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  4. Sampsell v. Imperial Paper & Color Corp.Supreme Court of the United States · 1941
  5. T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995

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3Cited by7 opinions

  1. TD Bank, N.A. v. LaPointeBankruptcy Appellate Panel of the First Circuit · 2014
  2. Bierbower v. McCarthyDistrict Court, District of Columbia · 2005
  3. In re: Diana I. Lagares SantanaUnited States Bankruptcy Court, D. Puerto Rico · 2020
  4. In re: Empresas Colon Alicea, Inc.United States Bankruptcy Court, D. Puerto Rico · 2014
  5. In re: Puntas Associates LLC v. Carlos M. Muñiz Ruiz, Edna O. Muñiz Ruiz and Adaliz Muñiz AvilesUnited States Bankruptcy Court, D. Puerto Rico · 2021

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