Banco Bilbao Vizcaya Argentaria Puerto Rico v. Vazquez (In re Vazquez)

Citation:
B.A.P. 1st Cir (Case No 09-01574-BKT)
Tag(s):
Ruling:
DISSMISSAL of appeal due to untimeliness and AFFIRMING lower court's denial of creditor's motion for reconsideration of order in connection with a motion to amend.
Procedural context:
Creditor, Banco Bilbao Vizcaya Argentaria Puerto Rico ("BBVA"), appeals two orders from the bankruptcy court. The first is an appeal from an order granting the motion of the debtor, Jose Vazquez, for fees and costs. The second is an appeal from an order denying the creditor's motion to amend the Fee Order.
Facts:
On May 24, 2010, BBVA filed a complaint seeking denial of Debtor's discharge in his pending chapter 7 case. The Debtor was the former president and principal stockholder of a business known as J&B Enterprises, Inc. This business was initially financed by BBVA via a secured loan for $345, 080. BBVA attempted to secure the assets of the business based on its secured claim after J&B filed for bankruptcy as well in 20005, however, it was unsuccessful in its efforts. Thereafter, BBVA claimed that the debtor, as an insider, hindered delayed or defrauded BBVA by transferring, removing, destroying, mutilating or concealing the business assets. As such, warranting a denial of discharge in his personal case.
Judge(s):
US Bankruptcy Appellate Panel Judges, Boroff, Deasy and Bailey.

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