Legal Opinion

Rijos v. Banco Bilbao Vizcaya (In Re Rijos)

Bankruptcy Appellate Panel of the First Circuit

Decided June 19, 2001No. PR 00-080PublishedCited by 121 opinions

1Opinion of the Court

FEENEY, Bankruptcy Judge.

I. INTRODUCTION

The Debtors appeal the bankruptcy court’s order denying their requests for sanctions against Citibank and Banco Bilbao Vizcaya-Puerto Rico (“BBV”), formerly Ponce Bank, for willful violations of the automatic stay. Treating the Debtors’ Motions Requesting Sanctions for Willful Violation of the Automatic Stay against Citibank and BBV (the “Motions”) as motions for summary judgment and utilizing the standard for entry of summary judgment, the bankruptcy court made findings of fact and rulings of law without holding a hearing on the Debtors’ Motions.…

2Cases cited45 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
  4. Milissa Garside v. Osco Drug, Inc.Court of Appeals for the First Circuit · 1990
  5. Maldonado-Denis v. Castillo-RodriguezCourt of Appeals for the First Circuit · 1994

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3Cited by121 opinions

  1. Jones v. Svreck (In Re Jones)Bankruptcy Appellate Panel of the First Circuit · 2003
  2. Wilmington Trust Co. v. AMR Corp. (In re AMR Corp.)District Court, S.D. New York · 2013
  3. In Re OcasioBankruptcy Appellate Panel of the First Circuit · 2002
  4. Wingard v. Altoona Regional Health Systems (In Re Wingard)United States Bankruptcy Court, W.D. Pennsylvania · 2008
  5. Cousins v. CitiFinancial Mortgage Co. (In Re Cousins)United States Bankruptcy Court, S.D. Ohio · 2009

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