Acevedo v. Bayron (In re Acevedo)

546 B.R. 496
CourtUnited States Bankruptcy Court, D. Massachusetts
DecidedMarch 15, 2016
DocketCase No. 14-15154-JNF; Adv. P. No. 16-1011
StatusPublished
Cited by1 cases

This text of 546 B.R. 496 (Acevedo v. Bayron (In re Acevedo)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Acevedo v. Bayron (In re Acevedo), 546 B.R. 496 (Mass. 2016).

Opinion

MEMORANDUM

Joan N. Feeney, United States Bankruptcy Judge

I. INTRODUCTION

The matter before the Court is a Verified Complaint filed by Virgilio Fernando Acevedo (the “Debtor”) joined by two non-debtor parties, Juan M. Ruiz Rivera and Vicente Perez Acevedo. The Complaint contains allegations that purportedly support the Debtor’s assertion that he has ownership interests in properties located in Rincon, Puerto Rico. For the reasons set forth below, this Court abstains from [498]*498this proceeding pursuant to 28 U.S.C. § 1334(c)(1).

II. BACKGROUND

A. The Debtor’s Present Chapter 13 Case

The Debtor filed a Chapter 13 petition on November 3, 2014.1 On Schedule Impersonal Property, the Debtor listed the following as a contingent interest in the estate of a decedent:

Claimed Interest in Mother’s inheritance (Puerto Rico) which, Debtor believes that [sic] was transferred to third parties fraudulently, while Mother and Father were married and had community property which was not properly divided in the parents’ divorce proceedings. Debtor’s brother owned 50% of this asset. Debtor sold 15% of this asset in order to raise funds to fund his plan and in order to prosecute this matter as the assets are in Puerto Rico and debtor cannot travel there in order to ascertain his interests. Thus, he has now 35% interest. Debtor is to ascertain value. Claimed Interest in Father’s inheritance (Puerto Rico) which, Debtor believes that [sic] was transferred to third parties fraudulently. Debtor owned 100% of this asset. Debtor sold 15% of this asset in order to raise funds to fund his plan and in order to prosecute this matter as the assets are in Puerto Rico and debtor cannot travel there in order to ascertain his interests.

The Debtor also listed the following contingent claim:

Claim against individulas [sic] related to Debtor’s dissapation [sic] and sale of his father’s and mother’s inheritance in Puerto Rico per AP filed in previous case (13-01094) and 12-12393 (underlying previously dismissed Chapter 13 case) in this District. Debtor’s brother owns 50% of this asset. Debtor owned 50% of this asset and his brother owned 50%. Debtor sold 15% of this asset in order to raise funds to fund his plan and in order to prosecute this matter as the assets are in Puerto Rico and debtor cannot travel there in order to ascertain his interests.2

[499]*499The Debtor ascribed no value to his contingent interests and claims. In his Amended Statement of Financial Affairs, the Debtor disclosed the details of the sale. He revealed that, on October 9, 2014, he sold to Vicente Perez Acevedo a 15% interest in “contingent not ascetained [sic] as-sests [sic] of his parent’s [sic] inheritance” as follows: “Debtor received 3000.00[sic] cash on 10-9-2014 and will recive [sic] 400 per month for sixty months totaling $24,000.00 for a total of $30,000.00. Mr. Perez-Acevedo performed the title search and investigation leading Debtor to find and ascetain [sic] his claim inheritance and spent 187.00 hourse [sic] of work on this matter.”

On December 11, 2015, this Court entered an order confirming the Debtor’s Third Amended Plan, the effective date of which is December 1, 2014. The Debtor’s plan provides:

Debtor will amend the Plan to increase the unsecured dividend in the event that he receives additional and any other income and funds related to the recovery of contingent inheritance assets and any other moneys, if any, adjudicated to him for any reason and from any source. These assets are contingent on their recovery to litigation after ascertaining market value of such assets.

Approximately six weeks after the confirmation of his Chapter 13 plan, on January 29, 2016, the Debtor, together with Juan M. Ruiz Rivera, a resident of Conyers, Georgia, and Vicente Perez Acevedo, a resident of Weston, Massachusetts, filed the Verified Complaint that is now before the Court.

In their Complaint, the Plaintiffs averred that this Court has jurisdiction pursuant to 28 U.S.C. § 1334 and jurisdiction to hear matters related to the interested parties pursuant to Fed. R. Bankr.P. 7019.3 The Plaintiff identified “thirty-three” Defendants.4 Twenty-six of those Defendants are identified as residents of the Commonwealth of Puerto Rico, and include conjugal partnerships,5 decedents’ [500]*500estates, and the Registrar 5f the Property Registry in Aguadilla, Puerto Rico, which the Plaintiffs identify as “a government agency under the Department of Justice of the Commonwealth of Puerto Rico.” In addition, the Plaintiffs named as Defendants, Subway Real Estate, LLC and Subway Real Estate Corp., alleging that they are corporations organized under the laws of Delaware with registered agents in Puerto Rico. They alleged that Defendant “Subway Rincon” is located in Rincon, Puerto Rico, although in a Motion to Dismiss Subway Real Estate Corp., while admitting that a Subway Sandwich Shop does business in Rincon, Puerto Rico, asserted that no entity known as “Subway Rincon” exists. The Defendant also named as Defendants the United States Small Business Administration and the United States Attorney. These governmental units, see 11 U.S.C. § 101(27), maintain offices in Puerto Rico but are not residents of Puerto Rico. Finally, the Plaintiffs identified “John Doe Insurances A, B, and C [sic]” as “corporations and/or entities organized under the laws of the Commonwealth of Puerto Rico with unknown physical addresses, adding that they had “the legal capacity to be sued” and “extended malpractice insurance to attorneys named in this Complaint and titles [sic] insurance policies executed by co-defendants.”

Based upon an alleged series of events beginning in August of 1946 and occurring between the 1950s and the commencement of the Debtor’s bankruptcy case, the Plaintiffs set forth claims for turnover of a gas station built in 1956 by a conjugal partnership composed of the Debtor’s parents, two years before the dissolution of their marriage.6 While noting that the Debtor commenced suit against his uncle in 1982 and commenced the liquidation process and probate of his father’s estate in 1989, the Debtor’s claims to relief appear to be predicated upon the alleged “illegal and fraudulent” sale, on October 14, 1998, by the Debtor’s cousins, Domingo Fernando Acevedo Bayron and Ileana Acevedo Bay-ron, and the wife of his deceased uncle, Domingo Fernando Acevedo Ramos, namely Maria Asuncion Bayron Fussa, to the Ruiz-Arizmendi and Perez-Medina conjugal partnership, which executed mortgages and leases to other named Defendants. The Plaintiffs named all the foregoing individuals and related conjugal partnerships as Defendants.

Based upon the complex series of events set forth in the Complaint, the Plaintiffs set forth the following in their prayers for relief:

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546 B.R. 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acevedo-v-bayron-in-re-acevedo-mab-2016.