Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC

Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC - BAP No. PR 15-022
Grant of summary judgment to defendant reversed, vacated to the extent that cross-motion for summary judgment was denied and amended cross-motion stricken, and matter remanded for further proceedings in accordance with the opinion.
Procedural context:
The plaintiff chapter 7 trustee (Wiscovitch-Rentas) filed a complaint to recover a preference. The defendant asserted an "ordinary course" defense. Bother parties filed motions for summary judgment, which the court considered despite glaring procedural defects.
The factual issue centered around whether late payments were a part of the parties' "ordinary course"; how far back in time the court should look for determine what "ordinary course" means; and that such determination is "fact-intensive" and generally not appropriate for summary judgment. The defendant (landlord) operated a shopping center where the debtor (PMC Marketing Corp. - not a party) rented space for its business. The preferences that the trustee sought to recover were rent payments.
Feeney (author), Deasey and Cary.

ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!

About us in numbers

3616 in the system

3500 Summarized

1 Being Processed