In re Pick & Save, Inc.

478 B.R. 110, 2012 Bankr. LEXIS 4278, 56 Bankr. Ct. Dec. (CRR) 271, 2012 WL 4017484
CourtUnited States Bankruptcy Court, D. Puerto Rico
DecidedSeptember 13, 2012
DocketNo. 10-07005 (ESL)
StatusPublished
Cited by3 cases

This text of 478 B.R. 110 (In re Pick & Save, Inc.) 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
In re Pick & Save, Inc., 478 B.R. 110, 2012 Bankr. LEXIS 4278, 56 Bankr. Ct. Dec. (CRR) 271, 2012 WL 4017484 (prb 2012).

Opinion

OPINION AND ORDER

ENRIQUE S. LAMOUTTE, Bankruptcy Judge.

This case is before the court upon the Debtor’s Objection to Claims # 37, 38, 39 and 10 Filed by Jose I. Perez Nieves and Oscar Muñoz Garces (the “Objection to Claims ”, Docket No. 151) and the Supplemental Brief in Support of Objection to Claim[s] {“Supplemental Brief”, Docket No. 163) alleging that the claims were filed after the deadline for filing proofs of claims and must therefore be disallowed. Also before the court is Creditors Jose I. Perez Nieves’ and Oscar Muñoz Garces’ (the “Creditors”) Reply to Objection to Claims (Docket No. 156) and Supplement to Reply to Objection (Docket No. 164) sustaining that their claims are not barred and that they were diligent in filing them. For the reasons stated below, the Debtor’s Objection to Claims is hereby denied.

Procedural Background

On July 29, 2010, the Creditors received letters discharging them from their work with the Debtor (Docket Nos. 156-1, pp. 1-2, and 161, p. 1, ¶ 1).

On August 2, 2010, the Debtor filed its Chapter 11 bankruptcy petition (Docket No. 1). The Creditors were not included in the bankruptcy petition or notified of its proceedings (Docket No. 161, p. 1, ¶ 3). The deadline to file proofs of claims for all non-governmental creditors was set for December 9, 2010 (Docket No. 14). The Creditors were not notified of the bar date.

On November 29, 2010, the Debtor filed its first Chapter 11 Plan of Reorganization (Docket No. 52) and Notice to Creditors (Docket No. 53). Neither included the Creditors.

On December 27 and 28, 2010, Creditor Perez and Creditor Muñoz respectively filed complaints before the Puerto Rico Court of First Instance (“PR Court of First Instance”) for damages against the Debtor on account of alleged wrongful termination of their respective employments (Docket No. 161, p. 1, ¶ 5). They were [115]*115both represented by the same legal counsel, Attorney Virgilio J. Gonzalez-Perez (“Attorney Gonzalez”) (Docket No. 161, p. 2, ¶ 6). In both cases, the Debtor was served with copies of the complaints and on January 26, 2011 proceeded to file motions to stay the state court proceedings. Consequently, the PR Court of First Instance issued judgments in both state court cases staying and closing them for statistical purposes due to the Debtor’s bankruptcy filing. Docket Nos. 151, pp. 10-14, and 161, p. 2, ¶ 8. Both motions requesting the stay of the state court proceedings were properly served on the Creditors through Attorney Gonzalez, as was the Judgment issued by the PR Court of First Instance in both cases (Docket No. 151, pp. 7, 9,10 and 13).

On April 21, 2011, the Debtor filed an Amended Plan of Reorganization (Docket No. 92), which contemplated and included all timely filed claims. See Docket No. 161, p. 2, ¶ 10. It did not include the Creditors.

On May 2, 2011, the court entered the Order confirming the Debtor’s Amended Plan of Reorganization (Docket Nos. 92 and 95). Also see Docket No. 161, p. 2, 1111.

On September 20, 2011 and September 22, 2011, the Creditors filed their claims as general unsecured creditors. See Claims Register Nos. 37 and 38. On December 16, 2011, the Creditors amended their Claims to request priority under 11 U.S.C. 507(a)(4). See Claims Register Nos. 39-1 and 40-1.

On December 12, 2011, the Debtor filed a Request for Final Decree Pursuant to F.R.B.P. 3022 (Docket No. 130) alleging that the plan had been substantially consummated and that entry of the final decree order was proper. On December 21, 2011, the Court scheduled a hearing for January 20, 2012 to consider the Debtor’s Request for Final Decree. See Docket No. 132. On December 29, 2011, the Creditors filed pro se two separate Motions of Objection (Docket Nos. 134 and 135) averring that they had submitted proofs of claims and that they had subsequently amended them to be entitled to “administrative expense” 1 rank under Class 1. On January 11, 2012; the Court issued an Order ruling that the Creditors’ objections would be considered at the January 20, 2012 hearing (Docket No. 138). On January 12, 2012, the Debtor filed a Response to [the Creditors’] Objection to [its] Request for Final Decree arguing that both of Creditors’ claims are “bar dated as general unsecured claims” and that neither one can be considered an administrative expense under 11 U.S.C. § 503 (Docket No. 140, ¶¶ 10 and 13). The Creditors sur-replied on January 18, 2012 sustaining the main reason for their delay was because the Debtor did not report their claim to the Bankruptcy Court of the U.S. Trustee at any time (Docket Nos. 145 and 146).

On January 20, 2012, the Court held a hearing to consider the Debtor’s Request for Final Decree. The Debtor was granted seven (7) days to file a formal objection to the Creditors’ proofs of claims. See Docket No. 147.

On January 30, 2012, the Debtor filed its Objection to Claims (Docket No. 151) averring that the Creditors’ claims were time barred, that they had knowledge of the bankruptcy petition filed in the case at bar since at least January 26, 2011 — when it filed and served the motion for stay of the state court proceedings — which caused the [116]*116PR Court of First Instance to enter the Judgments dismissing both cases. The Debtor also sustains that the Creditors were not diligent in the prosecution of their claims and that therefore they must be disallowed.

On February 28, 2012, the Creditors filed a Motion Requesting Extension of Time to File of [sic] Reply to Objection to Claims Number 37, 38, 39 and UO (Docket No. 152) and on February 29, 2012, the court granted it (Docket- No. 153). On March 6, 2012, the Creditors filed their Reply to Objection to Claims (Docket No. 156) arguing that the Debtor never scheduled or gave notice of the bankruptcy filing to them as creditors in spite of the fact that Fed. Rs. Bankr.P. 1007(a) and 2002 require such notice. They also sustain that they are “known creditors” whose claims were “reasonably ascertainable” by the Debtor and that as such, they were entitled to due process by receiving notice of the deadlines for filing proof of claims (bar date), a copy of the reorganization plan(s) and notice of the confirmation hearing and the confirmation order, none of which they received. They further ascertain that as known creditors, they had a right to assume that proper and adequate notice would be provided before their claims are forever barred. Thus, the Creditors conclude that their lack of notice of these proceedings make any discharge injunction inapplicable to them.

On May 8, 2012, a hearing was held to consider the Debtor’s Objection to Claims and the Creditors’ Reply thereto. See Docket Nos. 157, 159 and 160. The court ordered the Debtor and the Creditors to file a joint statement of uncontested facts and granted them 14 days to file supplemental legal memoranda and 7 days thereafter to reply. See Docket Nos. 159 and 160.

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Bluebook (online)
478 B.R. 110, 2012 Bankr. LEXIS 4278, 56 Bankr. Ct. Dec. (CRR) 271, 2012 WL 4017484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-pick-save-inc-prb-2012.