Ramos v. Negron

Summarized by Andrea O'Connor , Hendel & Collins, P.C.
12 years 4 months ago

Citation:

Ramos v. Negron, BAP No. PR 13-005 (B.A.P. 1st Cir. October 22, 2013)

Tag(s):

Ruling:

Abandonment of property by the Trustee to the Debtor has no effect upon the Bankruptcy Court's authority to determine a Motion, pursuant to 11 U.S.C. 522(f), or the Bankruptcy Court's jurisdiction of a debtor's property, pursuant to 28 U.S.C. 1334.

Procedural context:

Judgment Creditor filed a Motion seeking relief from the automatic stay to record its Judgment Lien against the Debtor. The Debtor objected and requested to avoid the Lien. The Bankruptcy Court held that the Motion and Objection were moot because it lacked jurisdiction of the real estate because it was no longer property of the Bankruptcy Estate. The Debtor filed a second request to avoid the lien, pursuant to Section 522(f), which the Court denied. The Debtor filed a Motion for reconsideration under Fed. R. Bankr. P. 9023 arguing that the Court's decision was based upon an error of law. The Bankruptcy Court denied the Motion for Reconsideration. Debtor filed this Appeal of the Order denying the Debtor's second request to avoid the Lien and the Order denying reconsideration.

Facts:

The Debtor filed a Petition, pursuant to Chapter 7 of the Bankruptcy Code, in January 2012. The Debtor listed her interest in her residence as having a value of $280,000.00, subject to a mortgage in the amount of $425,130.50, and claimed an exemption in the amount of $21,625.00. The Trustee abandoned the Bankruptcy Estate's interest in the real estate. As of the Petition Date, a creditor held an unrecorded Judgment Lien against the Debtor.

Judge(s):

Deasy, Kornreich, and Bailey

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