Mayaguez Medical Center Dr. Ramon Emeterio Betances, Inc. v. Medical Educational & Health Services, Inc. (In re Medical Educational & Health Services, Inc.)

500 B.R. 314, 2013 U.S. Dist. LEXIS 178411
CourtDistrict Court, D. Puerto Rico
DecidedSeptember 30, 2013
DocketCivil Nos. 12-1620 (DRD), 12-1619, 12-1618, 12-1680; Bankruptcy No. 10-04905 (BKT); Adversary Nos. 10-146, 10-148, and 10-150(BKT)
StatusPublished

This text of 500 B.R. 314 (Mayaguez Medical Center Dr. Ramon Emeterio Betances, Inc. v. Medical Educational & Health Services, Inc. (In re Medical Educational & Health Services, Inc.)) is published on Counsel Stack Legal Research, covering District 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
Mayaguez Medical Center Dr. Ramon Emeterio Betances, Inc. v. Medical Educational & Health Services, Inc. (In re Medical Educational & Health Services, Inc.), 500 B.R. 314, 2013 U.S. Dist. LEXIS 178411 (prd 2013).

Opinion

OPINION AND ORDER

DANIEL R. DOMINGUEZ, District Judge.

Pending before the Court are four appeals filed separately and assigned to different judges, to wit, Civil No. 12-1618; 12-1619; 12-1620 and 12-1680, and consolidated with Civil No. 12-1620(DRD), upon request of counsel. See Civil No. 12-1620, Docket No. 5. The consolidated appeals have one fact in common, that is, all the appeals stemmed from the same Opinion and Order which was entered in the three adversary proceedings, Adv. Proc. 10-146, [316]*31610-148 and 10-150.1 See Opinion and Order of March 12, 2012, and the Partial Judgment entered on even date, Civil No. 12-1620, Docket entries No. 1-22 and 1-23. The Court, however, is cognizant that the factual background varies amongst the three adversary proceedings. For the reasons set forth below, the decision of the bankruptcy court is affirmed, and this matter is remanded for further proceedings.2

Jurisdiction

This Court has jurisdiction to entertain the appeal referred from the bankruptcy court pursuant to 28 U.S.C. § 158(a)(1).

Standard of Review

The district court reviews a bankruptcy appeal rulings of law de novo and findings of fact for clear error. In Re Redondo Construction Corporation v. Puerto Rico Highway and Transportation Authority, 700 F.3d 39, 41-42 (1st Cir.2012); Prebor v. Collins (In re I Don’t Trust) 143 F.3d 1, 3 (1st Cir.1998); Jeffrey v. Desmond, 70 F.3d 183, 185 (1st Cir.1995). “Under an abuse of discretion standard, a reviewing court cannot reverse unless it has a ‘definite and firm conviction that the court below committed a clear error of judgment’ in the conclusion it reached upon a weighing of the relevant factors.” In re Hosseinpour-Esfahani, et al., 198 B.R. 574, 577 (9th Cir. BAP 1996), citing Marchand v. Mercy Medical Ctr., 22 F.3d 933, 936 (9th Cir.1994). “Evidentiary rulings by the bankruptcy court are subject to the ‘abuse of discretion’ standard.” Williamson v. Busconi, 87 F.3d 602, 603, n. 4 (1st Cir.1996), citing United States v. Cotto-Aponte, 30 F.3d 4, 6 (1st Cir.1994).

“The standard of review on this appeal requires that we respect, unless ‘clearly erroneous,’ all findings of fact by the bankruptcy court, which includes any finding of actual reliance and any raw fact findings pertinent to the issue of justifiable reliance. Brandt v. Repco Printers & Lithographics, Inc., 132 F.3d 104, 107-08 (1st Cir.1997).” In re Spadoni, 316 F.3d 56, 58 (1st Cir.2003). “A court reviewing a decision of the bankruptcy court may not set aside findings of fact unless they are clearly erroneous, giving ‘due regard ... to the opportunity of the bankruptcy court to judge the credibility of the witnesses.’ (Citations omitted).” Palmacci v. Umpierrez, 121 F.3d 781, 785 (1st Cir.1997).

“A finding of fact is clearly erroneous, although there is evidence to support it, when the reviewing court, after carefully examining all the evidence, is ‘left with the definite and firm conviction that a mistake has been committed.’ ” Palmacci, 121 F.3d at 785, citing Anderson v. City of Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985). “Deference to the bankruptcy court’s factual findings is particularly appropriate on the intent issue ‘[b]ecause a determination concerning fraudulent intent depends largely upon an assessment of the credibility and demeanor of the debtor.’ ” Id. citing In re Burgess, 955 F.2d 134, 137 (1st Cir.1992). “Particular deference is also due to the [317]*317trial court’s findings that depend on the credibility of other witnesses and on the weight to be accorded to such testimony.” Id. citing Fed.R.Bank.R. 8013; Keller v. United States, 38 F.3d 16, 25 (1st Cir.1994).

Issue

The issue before the Court is simple: whether the Bankruptcy Court erred when determining that the termination of the contract entered on August 27, 2009 by the Municipality of Mayaguez (hereinafter “Municipality”) and Medical Educational and Health Services, Inc. (hereinafter “MEDHS”), is valid, as the alleged termination failed to comply with the terms and conditions of the contract.3

Factual and Procedural Background

On June 3, 2010, debtor MEDHS filed for voluntary relief under Chapter 11 of the Bankruptcy Code, Bankruptcy No. 10-04905(BKT). The record shows that, on June 2, 2009, Mayaguez Advanced Radiotherapy Center, Inc. (“MARC”) had filed for relief under Chapter 11, Bankruptcy No. 09^4540(BKT). The petitions filed by both MARC and MEDHS are directly intertwined. The Court notes that, as of September 28, 2013, a plan has not been confirmed in the MARC’s bankruptcy case. Likewise, a plan has not been confirmed in the MEDHS’ bankruptcy case.

Adv. Proc. No. 146 was filed on August 24, 2010 by plaintiff MMC against MEDHS, as a related proceeding in MARC’s bankruptcy petition. Adv. Proc. No. 10-149 was filed on September 1, 2010 by debtor/plaintiff MEDHS against Municipality, José Guillermo Rodríguez; Marise-la Mora González; Dr. Orlando Marini; José Quirós; Mary Doe Quirós; Sistema Integrados de Salud del Sur Oeste Inc. (“SISSO”); MMC; Manatí Medical Center. Lastly, Adv. Proc. No. 10-150 was filed on September 16, 2010 by plaintiff MMC against debtor/defendant MARC. All three adversary proceedings stem from the August 27, 2009 Contract entered into by Municipality and MEDHS.

The bankruptcy court held:

Specifically, the disputed material fact was whether the termination of the August 27, 2009, Agreement for the Operation and Administration of the Hospital Ramón E. Betances, Mayaguez Medical Center [hereinafter “Contract”] between the Municipality of Mayaguez [hereinafter “Municipality”] and MEDHS was proeedurally, contractually and legally valid. The Court concluded that this was a material fact in all three adversary proceedings. Therefore, a trial was scheduled and held in February 2012.

The Court hereby adopts in toto the findings of fact made by the bankruptcy court, as these findings are not contested by the parties, and the findings are generally based on the joint exhibits stipulated by the parties.

FINDINGS OF FACT

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Related

Anderson v. City of Bessemer City
470 U.S. 564 (Supreme Court, 1985)
United States v. Cotto Aponte
30 F.3d 4 (First Circuit, 1994)
Keller v. United States
38 F.3d 16 (First Circuit, 1994)
Jeffrey and Jeffrey v. Desmond
70 F.3d 183 (First Circuit, 1995)
Williamson v. Busconi
87 F.3d 602 (First Circuit, 1996)
Palmacci v. Umpierrez
121 F.3d 781 (First Circuit, 1997)
Prebor v. Collins (In Re I Don't Trust)
143 F.3d 1 (First Circuit, 1998)
Lentz v. Spadoni
316 F.3d 56 (First Circuit, 2003)
Vulcan Tools of Puerto Rico v. Makita Usa, Inc.
23 F.3d 564 (First Circuit, 1994)
Hopgood v. Merrill Lynch, Pierce, Fenner & Smith
839 F. Supp. 98 (D. Puerto Rico, 1993)
Jimenez v. Triple S. Inc.
154 F. Supp. 2d 236 (D. Puerto Rico, 2001)

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Bluebook (online)
500 B.R. 314, 2013 U.S. Dist. LEXIS 178411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayaguez-medical-center-dr-ramon-emeterio-betances-inc-v-medical-prd-2013.