AUGUSTOS CUISINE CORPORATION
11
ENRIQUE S. LAMOUTTE INCLAN
11/25/2015
Yes
| PlnDue, SmBus, DISMISSED, CLOSED |
Assigned to: Bankruptcy Judge ENRIQUE S. LAMOUTTE INCLAN Chapter 11 Voluntary Asset Debtor disposition: Dismissed for failure to make plan payments |
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Debtor AUGUSTOS CUISINE CORPORATION
801 AVE PONCE DE LEON SAN JUAN, PR 00907 SAN JUAN-PR Tax ID / EIN: 66-0446176 aka AUGUSTO'S |
represented by |
ALEXIS FUENTES HERNANDEZ
FUENTES LAW OFFICES, LLC PO BOX 9022726 SAN JUAN, PR 00902 (787) 722-5216 Fax : (787) 722-5206 Email: alex@fuentes-law.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 |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/20/2017 | Bankruptcy Case Closed.(ZAYAS BUJOUVEN, DARHMA) | |
| 07/20/2017 | 0 | Bankruptcy Case Closed.(ZAYAS BUJOUVEN, DARHMA) (Entered: 07/20/2017) |
| 04/22/2017 | 225 | Certificate of service (RE: related document(s)[224]) Notice Date 04/22/2017. (Admin.) |
| 04/20/2017 | 224 | ORDER DISMISSING CASE: On December 23, 2016, Mr. Luis Alvarez filed a Motion Reinstating Objection to Confirmation of Debtors Amended Plan of Reorganization premised upon the lack of feasibility due to the following: (i) amended claim #9 in the amount of $25,516.11 due to Debtors failure to comply with the payment of post-petition taxes for the periods covering December 31, 2015, September 30, 2016 and December 31, 2016; (ii) the State Insurance Fund filed a request for administrative expense due to Debtors failure to satisfy the first installment payment of workers compensation insurance policy for the year 2017 which had already lapsed (Docket No. 207); (iii) the Debtor has not file the November 2016 monthly operating report which is crucial to determine whether the Debtor is in fact meeting its projections and complies with the feasibility requirement; (iv) the October 2016monthly operating report establishes that the Debtor does not have a feasible operation in which it would be able to comply with the proposed plan payments under the plan of reorganization; (v) the monthly operating reports confirm that the plan is not feasible because the Debtor is unable to meet the sales projections and its post-petition account payables continue to increase; and (iv) the post-petition payables listed in the monthly operating report do not include the post-petition taxing obligations to the IRS ($26,516.11) and the State Insurance Fund policy ($2,881.70). Thus, the Debtors delinquent post-petition payments are approximately $97,000 and exceed significantly the projected amounts (Docket No. 208). On January 24, 2017, the Debtor filed an Urgent Motion to Request Entry of Order Confirming Debtors Plan of Reorganization or Dismissing Case (Docket No. 210). On March 28, 2017, an Opinion and Order was rendered by the Court holding that the Debtors amended reorganization plan may not be confirmed pursuant to section 1129(a) or 1129(b) since the same failed to comply with 11 U.S.C. §1129(a)(9)(C) and 1129(a)(11) (Docket No. 222). The Court notes that the Debtor did not request an additional extension to confirm the plan pursuant to 11 U.S.C. §1129(e). Thus, the plan of reorganization may not be confirmed. Moreover, the Debtor had previously requested as an alternate option, the dismissal of the case. This case is hereby dismissed pursuant to 11 U.S.C. §1112(b)(4)(A), (F) and (I). SO ORDERED.In San Juan, Puerto Rico, this 20th day of April, 2017. Signed on 4/20/2017. (RE: related document(s)[146], [195], [222]).(ZAYAS BUJOUVEN, DARHMA) |
| 03/30/2017 | 223 | Certificate of service (RE: related document(s)[222]) Notice Date 03/30/2017. (Admin.) |
| 03/28/2017 | 222 | OPINION AND ORDER DATED 3/28/17: CONCLUSION: the Debtor's amended reorganization plan may not be confirmed pursuant to section 1129(a) or 1129(b) because it fails to comply with 11 U.S.C. §1129(a)(9)(C) and 1129(a)(11). Thus, the court does not need to delve into the other legal issues presented such as whether Mr. Alvarez, albeit a party in interest, had standing to object to portions of the amended plan that do not affect him and whether new value exception is applicable. For the reasons stated herein, the confirmation of the Debtor's First Amended Plan of Reorganization is hereby denied. SO ORDERED. (PLEASE READ FULL ORDER FOR FURTHER DETAILS). Signed on 3/28/2017. (RE: related document(s)[116], [127], [147], [163], [164], [165], [166], [174], , [195], , [208], [210]).(ZAYAS BUJOUVEN, DARHMA) |
| 03/24/2017 | 221 | THIRD REQUEST FOR PAYMENT OF ADMINISTRATIVE EXPENSE UNDER 11 U.S.C. 503 (B) (1) (A) Motion for Allowance of Administrative Payment $2,842.52 (SECOND IMPOSITION, YEAR 2017) (related document(s): [212]) filed by WALLY DE LA ROSA VIDAL on behalf of STATE INSURANCE FUND [DE LA ROSA VIDAL, WALLY] |
| 03/03/2017 | 220 | Certificate of service (RE: related document(s)[218]) Notice Date 03/03/2017. (Admin.) |
| 03/03/2017 | 219 | Certificate of service (RE: related document(s)[217]) Notice Date 03/03/2017. (Admin.) |
| 03/01/2017 | 218 | ORDER Granting Application for Compensation for ALEXIS FUENTES HERNANDEZ, fees awarded: $31675.00, expenses awarded: $3792.60 (Related Doc # [214]) (Colon, Tatiana) |