García v. González

507 B.R. 32
CourtBankruptcy Appellate Panel of the First Circuit
DecidedMarch 17, 2014
DocketBAP Nos. PR 12-093, PR 13-011; Bankruptcy No. 04-12461-ESL; Adversary No. 10-00170-ESL
StatusPublished
Cited by10 cases

This text of 507 B.R. 32 (García v. González) is published on Counsel Stack Legal Research, covering Bankruptcy Appellate Panel of the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
García v. González, 507 B.R. 32 (bap1 2014).

Opinion

BAILEY, Bankruptcy Judge.

These appeals arise out of an adversary proceeding wherein Noreen Wiseovitch Rentas, chapter 7 trustee (the “trustee”), sought (1) a determination that the debtors had a 78.54 percent interest in the sale proceeds of certain properties of a probate estate, and (2) an order directing the turnover of such funds, which have been consigned to the probate court. The bankruptcy court entered summary judgment in favor of the trustee, and two sets of defendants, Maria Mercedes Molina González and Manuel A. González Alvarado (“Appellants Maria and Manuel”), and Sandra E. Molina-González and Josefa M. González-Vega (“Appellants Sandra and Josefa”), appealed. For the reasons set forth below, we REVERSE the bankruptcy court’s judgment directing the Clerk of the Puerto Rico Court of First Instance, Superior Court of Bayamón (the “CFI”),2 [35]*35to turn over the proceeds, and we REMAND for the entry of an order dismissing any remaining demands for relief for lack of jurisdiction.

BACKGROUND

In December 2004, Elíseo Morales Garcia and Maribel Mena Meléndez (the “Debtors”) filed a petition under chapter 11 of the Bankruptcy Code.3 In May 2009, the case was converted to chapter 7, and the trustee was appointed.

The appellants are heirs of the estate of three siblings, Maria Josefa, Maria de las Mercedes, and Jose Antonio González Rodriguez (the “González Estate”). Prior to the bankruptcy filing, twenty-one heirs of the González Estate (including all of the appellants) executed public deeds authorized by Notary Public Olga Shepard de Mari to sell to the Debtors their respective shares in the González Estate, amounting to 78.54 percent of the total shares.4 The González Estate was comprised of three parcels of real property in Vega Baja, Puerto Rico (the “Properties”). The Gon-zález Estate was probated before the CFI and on June 14, 2000, the court entered a judgment which identified the assets and all of the heirs and their respective shares of the González Estate.5 The Debtors were not identified in the judgment. In May 2002, the CFI ordered that the Properties be sold through public auction, and after extensive litigation,6 the Properties were sold on December 20, 2004, 11 days after the Debtors’ bankruptcy filing. Francisco Almeida and Wanda Cruz Quiles (collectively, “Almeida”) paid $3,665,000.00 for the Properties, and the sale proceeds [36]*36were deposited with the CFI.7

After their bankruptcy filing, the Debtors sought to stay proceedings in both the CFI and the PR Court of Appeals, and they requested that the CFI declare the public sale to be null and void as it violated the automatic stay. On December 16, 2004, the PR Court of Appeals entered an order stating that it was, “as a cautionary measure to safeguard [its] jurisdiction,” staying “any execution of judgment in favor of [the Debtors]” until further court order. On January 13, 2005, the CFI ordered that in light of the Debtors’ bankruptcy filing, all proceedings after the filing date, including the sale, were null and void; and the CFI further ordered that the sale proceeds be returned.

Thereafter, on February 9, 2005, the PR Court of Appeals issued a judgment in which it “revoked” the January 13, 2005 decision of the CFI declaring that the sale was null and void and remanded the case to the CFI for a determination of whether the Debtors rightfully owned any shares in the undivided González Estate. In its decision, the PR Court of Appeals noted that the only rightful owners of the undivided González Estate were the heirs already recognized in the judgment of June 14, 2000, unless it was established that one or more of them assigned his or her shares to a third party. The court further noted that “the record [did] not show which, if any, of the heirs recognized in the judgment of June 14, 2000, assigned or sold their rights and proportional shares to a third party,” and, therefore, that it was not possible to conclude whether the Debtors had any shares in the undivided González Estate, particularly in light of the fact that the Debtors still owed more than $1,500,000.00 on the promissory notes. As a result, the PR Court of Appeals “annulled” the part of the CFI’s May 9, 2002 order that recognized “a credit equivalent to 78.54 percent of the minimum price of the property to be auctioned,” and the part of the CFI’s December 2, 2004 order that made a similar reference. The PR Court of Appeals also determined that even if the Debtors were entitled to 78.54 percent of the sale proceeds of the Properties, they had an interest in the proceeds, not the Properties themselves because only the division of the González Estate would confer upon the heirs title over the estate assets. The PR Court of Appeals also stated that the action involved the liquidation of the Properties, and the only parties with standing were the recognized heirs and the creditors of the González Estate (not the creditors of particular heirs).

Thereafter, on April 26, 2005, the Debtors filed an adversary proceeding (“Adv. Pro. No. 05-00102”) seeking a determination that the public sale of the Properties during their bankruptcy case violated the automatic stay, an order declaring the sale null and void, and damages for the alleged stay violations.8 Both Almeida and Real Anon, Inc. moved to dismiss on the ground that the Properties were not property of the Debtors’ estate and, therefore, were not subject to the automatic stay.

On October 18, 2007, the bankruptcy court entered an Opinion and Order dismissing Adv. Pro. 05-00102 for failure to state a claim. The bankruptcy court de[37]*37termined that awning a share of the undivided González Estate was not equivalent to owning a share of the Properties, and, therefore, the Properties were not property of the Debtors’ estate, and the sale did not violate the stay. In making its decision, the bankruptcy court stated:

As a general rule when a person dies, the person’s rights and liabilities are transmitted to the heirs. 31 L.P.R.A. § 2081. “The inheritance includes all the property, rights and obligations of a person which are not extinguished by his death.” 31 L.P.R.A. § 2090. If there is more than one heir to the inheritance, a hereditary community is created. Sociedad Legal de Gananciales v. Registrador de la Propiedad, 151 D.P.R. 315, 317 (2000) (citations omitted). The object of the hereditary community is the estate as a whole, and not each asset, right or liability in particular. Kogan v. Registrador, 125 D.P.R. 636, 650 (1990). Therefore what each heir is entitled to is a right over the estate as a whole ..., not over the particular assets. Id. at 652. This is called a hereditary right in the abstract which implies that until a division is ... effectuated, the heirs may not claim a right over any particular asset. Id. It is the division of the estate that concludes the hereditary community and only through the division of the estate heirs may become exclusive title holders of its assets. Id. at 318; Gutierrez v. Registrador, 114 D.P.R. 850, 857 (1983). . . .
In light of the aforestated, and considering the allegations made in the complaint as true, Plaintiffs own 78.54% of the hereditary participations in the Gonzalez family hereditary estate but said participations do not grant them a legal or equitable interest in the Subject Properties.

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Cite This Page — Counsel Stack

Bluebook (online)
507 B.R. 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-gonzalez-bap1-2014.