Wiscovitch-Rentas v. Villa Blanca VB Plaza LLC
- Summarized by David Baker , Law Office of David G. Baker
- 7 years 2 months ago
- 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.
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