THE HORNED DORSET PRIMAVERA INC
11
ENRIQUE S. LAMOUTTE INCLAN
05/22/2015
03/03/2020
Yes
v
| PlnDue, DsclsDue, SmBus, DISMISSED, REOPENED, CLOSED |
Assigned to: Bankruptcy Judge ENRIQUE S. LAMOUTTE INCLAN Chapter 11 Voluntary Asset Debtor disposition: Discharge Withheld For Other Reasons |
|
Debtor THE HORNED DORSET PRIMAVERA INC
PO BOX 1132 RINCON, PR 00677 RINCON-PR Tax ID / EIN: 66-0427395 aka THE HORNED DORSET PRIMAVERA HOTEL |
represented by |
EDUARDO J CAPDEVILA DIAZ
GARCIA ARREGUI & FULLANA PSC 268 AVE PONCE DE LEON STE 1002 THE HATO REY CENTER SAN JUAN, PR 00918 787-766-2530 Fax : 787-756-7800 Email: ecapdevila@gaflegal.com ISABEL M FULLANA
GARCIA ARREGUI & FULLANA PSC 268 Ponce de Leon Ave Suite 1002 SAN JUAN, PR 00918 787-250-7242 Fax : 787 756-7800 Email: ifullana@gaflegal.com |
U.S. Trustee MONSITA LECAROZ ARRIBAS
OFFICE OF THE US TRUSTEE (UST) OCHOA BUILDING 500 TANCA STREET SUITE 301 SAN JUAN, PR 00901 |
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U.S. Trustee US TRUSTEE
US TRUSTEE EDIFICIO OCHOA 500 TANCA STREET SUITE 301 SAN JUAN, PR 00901-1922 |
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Intervenor-Plaintiff Julio Cesar Cayere-Quidgley, Party in Interest
Cayere-Quidgley Legal Services, PSC 134 Calle Mayaguez San Juan, PR 00917 787-460-1098 |
represented by |
JULIO C CAYERE QUIDGLEY
Cayere-Quidgley Legal Services, PSC Urb. Horizons 109 Calle San Pablo San Juan, PR 00926-5317 787-460-1098 Fax : 787-763-9595 Email: jcayere@yahoo.com |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/03/2020 | Bankruptcy Case Closed (LOPEZ QUINONES, MARISOL) (Entered: 03/03/2020) | |
| 02/26/2020 | Adversary Case 3:16-ap-141 Closed. (ZAYAS BUJOUVEN, DARHMA) (Entered: 02/26/2020) | |
| 10/27/2019 | 563 | Certificate of service (RE: related document(s) 562) Notice Date 10/27/2019. (Admin.) (Entered: 10/28/2019) |
| 10/25/2019 | 562 | ORDER: On October 9, 2019, the court inadvertently closed the herein case and the related adversary proceeding 16-00141, therefore the Court orders that they be reopened for the purpose of disbursing consigned funds. Upon the disbursement of the consigned funds the Clerk may reclose the same. SO ORDERED. Signed on 10/25/2019. (RE: related document(s)).(ZAYAS BUJOUVEN, DARHMA) (Entered: 10/25/2019) |
| 10/09/2019 | Bankruptcy Case Closed.(ZAYAS BUJOUVEN, DARHMA) (Entered: 10/09/2019) | |
| 10/09/2019 | Adversary Case 3:16-ap-141 Closed. (ZAYAS BUJOUVEN, DARHMA) (Entered: 10/09/2019) | |
| 09/11/2019 | Adversary Case 3:16-ap-156 Closed . (MACHARGO PEREIRA, AIDA) (Entered: 09/11/2019) | |
| 08/11/2019 | 561 | Certificate of service (RE: related document(s) 560) Notice Date 08/11/2019. (Admin.) (Entered: 08/12/2019) |
| 08/09/2019 | 560 | OPINION AND ORDER: This case is before the court upon the United States Trustees (hereinafter referred to as UST) Motion to Dismiss or Convert to Chapter 7 pursuant to §1112(b) and Memorandum of Law filed on September 14, 2018 (Docket No. 488). The UST in its motion to dismiss or convert contends that this case should be dismissed or converted for cause, whatever is in the best interest of the creditors and the estate, pursuant to 11 U.S.C. §1112(b)(4)(A) because the estate is suffering substantial or continuing loss, and there is an absence of a reasonable likelihood of rehabilitation. The UST argues that the Debtor does not appear to generate enough income to satisfy all of its operating expenses and the estate appears to be administratively insolvent. Thus, the estate is suffering substantial or continuing losses and/or diminution. The UST further argues that the Debtor lacks a reasonable likelihood of rehabilitation due to the following: (i) the net losses it has sustained during its three years in bankruptcy will prevent it from paying the substantial priority claims that have been filed. The same have to be paid by May 2020 pursuant to 11 U.S.C. §1129(a)(9)(C). The Debtor has been in bankruptcy for over 39 months, and has failed to generate the necessary profits to satisfy all of the priority and administrative claims that have been filed against it; (ii) it is highly unlikely that Debtor will be able to prevail in its collection action against ITC in adversary proceeding No. 16-00156; and (iii) Debtors other alternative, liquidation through the sale of its usufruct and real property rights, by definition means that it will not be able to rehabilitate. Debtor filed its Opposition to Motion to Dismiss on October 2, 2018 (Docket No. 497). The Debtor in its opposition contends that the UST did not meet its burden of proof and contrary to the USTs assertion there is no substantial or continuous diminution of the estate and the Debtor has been paying its debts as they become due. Creditors Francisco Domenech and Veronica Ferraiuoli filed a Motion Joining the Request for Dismissal by the UST and also request a bar to re-file of two years (Docket No. 543). The Debtor filed its Opposition to Motion to Dismiss (Docket No. 547) and argues that the creditors failed to plead proper cause as to the bar to refile. For the reasons set forth below, the USTs motion to dismiss pursuant §1112(b) is hereby granted.... ~ Conclusion: For the foregoing reasons, the court finds that the UST met its burden of proving cause by a preponderance of the evidence to grant its motion to convert or dismiss under 11 U.S.C. §1112(b)(4)(A) and determines that it is in the best interest of creditors and the estate to dismiss the instant case. The creditors request under section 349(a) for a bar to refile of two years is denied. REFER TO DOCUMENT'S IMAGE FOR FURTHER DETAILS. Signed on 8/9/2019. (RE: related document(s) 488, 497, 498, 500, 543, 547, 556).(CENTENO GONZALEZ, ALVIN) (Entered: 08/09/2019) |
| 07/23/2019 | 559 | Objection to Claim Number 7 (30 Day(s) Objection Language) by Claimant Kristin Blomquist and Kevin Warner as Judgment was entered in non-bankruptcy forum (Attachments: # 1 Exhibit Judgement # 2 Exhibit Appeals Ruling) filed by EDUARDO J CAPDEVILA DIAZ on behalf of THE HORNED DORSET PRIMAVERA INC [CAPDEVILA DIAZ, EDUARDO] (Entered: 07/23/2019) |