Aida E. Montanez Castillo v. Aida Montanez Diaz, Ramayeli Montanez Ortega

Opinion

1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF PUERTO RICO 2

4 IN RE: CASE NO. 13-04553 5 Chapter 13 6 AIDA E MONTANEZ CASTILLO 7 Adversary No. 14-00220 8 Debtor(s) 9

10 AIDA E MONTANEZ CASTILLO 11 Plaintiff 12 vs. 13 14 AIDA MONTANEZ DIAZ, RAMAYELI MONTANEZ ORTEGA 15

16 Defendants 17 FILED & ENTERED ON 09/18/2014

18 19

20 OPINION AND ORDER 21 22 To obtain injunctive relief under the Bankruptcy Code provision that authorizes the court 23 to issue “necessary or appropriate” orders, the plaintiff must establish all of the following: 24 (1) irreparable harm to the debtor or the estate if the injunction does not issue; 25 (2) a strong likelihood of success on the merits; (3) no harm or minimal harm to the adverse party; and (4) absence of an adverse effect on the public interest.

11 U.S.C § 105(a); Saxby’s Coffee Worldwide, LLC, 2009 WL 4730238 at 6; In re Bora Bora, Inc., 424 B.R. 17 (Bankr. D.P.R. 2010). One factor in discerning "irreparable harm" in a bankruptcy 1 || context is whether the action sought to be enjoined would so consume the time, energy, an 2 resources of the debtor that it would substantially hinder the debtor's reorganization effort, 3 4 || lrreparable harm, of the kind required for the issuance of a preliminary injunction, must be neithe 5 || remote nor speculative, but actual and imminent. In re Codfish, 97 B.R. 131 (Bankr. D.P.R. 1988)| 6 The granting of a preliminary injunction is an extraordinary and drastic remedy, which should b 7 3 granted only when the movant has carried its burden through clear and convincing evidence. In r 9 || Philadelphia Newspapers, LLC, 407 B.R. 606 (E.D.Pa. 2009). 10 □ . In the matter presently before the court, the Plaintiff has not met this burden. Local Rul 11 1D 7065-1 provides that an adversary complaint must already be on file or be filed at the same time tha 13 || the request for a temporary restraining order or preliminary injunction is made. Notwithstandin |! Plaintiffs failure to comply with the requirement of PR LBR 7065-1 that a complaint be filed, 15 16 Plaintiff failed to support its request with the necessary legal authority. As such, the emergenc 17 || motion for temporary restraining order and preliminary injunctive relief filed on September 15, 201 18 [Dkt. No. 1] is DENIED without prejudice. 19 SO ORDERED. 20 21 In San Juan, Puerto Rico this 18th day of September, 2014. 22 23 24 . “oD 25 Se Bie Brian K. Tester U.S. Bankruptcy Judge