Fonseca v. Government Employees Ass'n (In re Fonseca)

534 B.R. 261
CourtUnited States Bankruptcy Court, D. Puerto Rico
DecidedMay 7, 2015
DocketCASE NO. 12-06148 (MCF); ADVERSARY CASE NO. 13-00184
StatusPublished
Cited by2 cases

This text of 534 B.R. 261 (Fonseca v. Government Employees Ass'n (In re Fonseca)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fonseca v. Government Employees Ass'n (In re Fonseca), 534 B.R. 261 (prb 2015).

Opinion

OPINION AND ORDER

MILDRED CABAN FLORES, U.S. Bankruptcy Judge

Before the Court are cross-motions for summary judgment and oppositions thereto in relation to the adversary proceeding filed by plaintiff, Rafael Velez Fonseca (hereafter “Plaintiff’), against defendant, the Commonwealth of Puerto Rico Government Employees Association (hereafter “AEELA”),1 alleging violations of the discharge injunction under 11 U.S.C. § 524.2 For the reasons stated herein, AEELA’s motion for summary judgment is granted and subsequently, Plaintiff’s cross motion for summary judgment is denied.

I — JURISDICTION

The Court has jurisdiction to hear this case, pursuant to 28 U.S.C. § 157(a) and the general order of the United States District Court dated July 19, 1984, which refers title 11 proceedings to the Bankruptcy Court (Torruellas, C.J.). This is a core proceeding, pursuant to 28 U.S.C. § 157(b).

II — MOTION FOR SUMMARY JUDGMENT

Summary judgment is proper only where there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. Fed.R.Civ.P. 56(c); Fed. R. Bankr.P. 7056. By agreement of the parties, this matter is appropriate for summary judgment disposition as there are no material facts in dispute and one of the parties is entitled to judgment as a matter of law, pursuant to Fed.R.Civ.P. 56(c), as made applicable to these proceedings by virtue of Fed. R. Bankr.P. 7056. Celotex v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)(citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)); Vega-Rodriguez v. Puerto Rico Tel. Co., 110 F.3d 174, 178 (1st Cir.1997).

Ill — UNDISPUTED MATERIAL FACTS

1. Plaintiff was a government employee and member of AEELA from 1986 until December 31, 2012.

2. On May 29, 2012, and on June 26, 2012, Plaintiff obtained two loans from AEELA.

3. On August 3, 2012, Plaintiff filed a voluntary bankruptcy petition under Chapter 7.

4. Plaintiff listed $18,457.76 in his savings and dividends accounts with AEELA as personal property in Schedule B.3

5. Plaintiff listed AEELA in Schedule D as having a claim for $27,400.64 that was partially secured by Plain[263]*263tiffs savings and dividends accounts and partially unsecured for the remaining balance of $8,942.88.4

6. Plaintiff also listed a revolving credit account with AEELA in the amount of $1,086.00 as an unsecured non-priority debt in Schedule F.5

7. AEELA did not file a proof of claim in Plaintiffs bankruptcy case.

8. On September 12, 2012, the Chapter 7 Trustee filed a Report of No Distribution in the bankruptcy case, which was notified to creditors on September 13,2012.6

9. On September 14, 2012, Plaintiff filed his petition for retirement from his position as an employee of the Municipality of Caguas.

10. On November 20, 2012, Plaintiff was granted a discharge under § 727 of the Bankruptcy Code.7

11. AEELA did not object to the order discharging the Plaintiff, nor did it object to the dischargeability of any specific debt.

12. The parties agree that the funds in the savings and dividends accounts served as collateral for the loans provided by AEELA to .the Plaintiff. By agreement of the parties, AEELA collected the $18,457.76 available in Plaintiffs savings and dividends accounts as partial payment for its claims.

13. On December 31, 2012, Plaintiff officially retired from his position with the Municipality of Caguas.

14. On January 9, 2013, AEELA issued a written communication to the Municipality of Caguas’ payroll department requesting Plaintiffs pre-bankruptcy balance of accumulated vacation and sick leave licenses and also indicating that Plaintiff had a pending debt balance of $7,611.68 (the “first letter”). The letter further added that no payment or deduction of any kind should be processed until authorized by the Bankruptcy Court.8

15. On January 15, 2013, the Human Resources Office of the Municipality of Caguas certified that up to the date of his retirement, Plaintiff had a balance of 40.87 days of accumulated vacation leave in excess of 13 days and 99.75 days of accumulated sick leave in excess 8 days.9

16. On February 6, 2013, AEELA issued a second written communication to the Municipality of Caguas informing that Plaintiffs bankruptcy case had concluded and therefore, no authorization was required to withhold the payment of the $7,611.28 owed to AEELA, from the liquidation of Plaintiffs accumulated vacation and sick leave licenses (the “second letter”).10

[264]*26417. AEELA did not send any written communication to Plaintiff to collect the $7,611.28.

18. Neither AEELA nor Plaintiff has received any transfer of monies in relation to the vacation and sick leave licenses from the Municipality of Caguas.

IV — PROCEDURAL HISTORY

1. On May 22, 2013, Plaintiff requested the reopening of his bankruptcy case in order to file the present adversary proceeding based on AEELA’s alleged violation of the discharge injunction as a result of the two communications it sent to the Municipality of Caguas.11

2. On June 7, 2013, AEELA opposed Plaintiffs motion to reopen the bankruptcy case.12

3. On July 8, 2013, the Court granted Plaintiffs request to reopen his Chapter 7 bankruptcy case.13

4. Plaintiff filed his adversary complaint against AEELA for violation of the discharge injunction, pursuant to 11 U.S.C. § 524.14

5. On March 11, 2014, AEELA filed a motion for summary judgment (Docket No. 18).

6. On March 25, 2014, Plaintiff filed his opposition to AEELA’s motion for summary judgment and filed his own cross motion for summary judgment (Docket Nos. 21 & 22).

7.

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Bluebook (online)
534 B.R. 261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fonseca-v-government-employees-assn-in-re-fonseca-prb-2015.