Santiago v. Scotiabank De Puerto Rico (In re Santiago)

570 B.R. 123
CourtUnited States Bankruptcy Court, D. Puerto Rico
DecidedJune 27, 2017
DocketCASE NO. 14-06617 BKT; Adversary No. 15-00186
StatusPublished

This text of 570 B.R. 123 (Santiago v. Scotiabank De Puerto Rico (In re Santiago)) 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
Santiago v. Scotiabank De Puerto Rico (In re Santiago), 570 B.R. 123 (prb 2017).

Opinion

OPINION & ORDER

Brian K. Tester, U.S. Bankruptcy Judge

Before the court is Co-Defendant Moto-rambar, Incorporated’s Summary Judgment Motion (hereinafter “Motorambar”) [Dkt. No. 66]; PlaintiffiDebtor Shylene Marie Cox Santiago’s Reply to Motion for Summary Judgment DKT 68 (hereinafter “Cox Santiago”) [Dkt. No. 80]; Motoram-bar’s Tendered Reply to Opposition to Summary Judgment Motion [Dkt. No. 84] and Co-Defendant Scotiabank de Puerto Rico’s Motion to Submit Position as to Co-Defendant’s Summary Judgment Motion, Plaintiff’s Opposition, and Co-Defendant’s Reply (hereinafter “Scotiabank) [Dkt. No. 106].

Factual Background

The court determines that the following facts are not in dispute:

1. On July 2, 2010, Cox Santiago and Motorambar signed a purchase order for a new 2010 Infinity FX35 (“Infinity”)1 bearing 'vehicle identification number JNBAS1MUX- ' AM801891.
2. At the time, Cox Santiago owned a 2007 BMW X 5 with 83,251 miles.
3. The BMW had been financed by First Bank and the outstanding [125]*125lease balance was $37,856, with monthly lease payments of $1,281.
4. The BMW’s trade-in value was $27,000, approximately.
5. At Cox Santiago’s request, Motoram-bar agreed to take the BMW as a trade-in and to cancel the debt owed to First Bank.
6. The $10,856 difference between the BMW’s $27,000 trade-in value and the $37,856 owed on the lease were rolled-over onto the new lease that Cox Santiago took out to finance the Infinity.
7. On July 2, 2010, Cox Santiago and Motorambar executed a Retail Installment Sales Contract (“Contract”) with financing to be provided by Scotiabank.
8. In total, Cox Santiago’s Contract for the Infinity amounted to $68,750, payable in seven years, through equal monthly installments of $1,092.63. The annual interest rate was 8.45%.
9. The Contract stated that Motoram-bar would assign its rights to Scotia-bank, and it delineated in plain language the terms of the assignment in a section captioned ‘CONDITIONS OF THE ASSIGNMENT.’ Motorambar rubberstamped the signature space of the assignment section of the Contract with a black-ink stamp that read as follows: ‘Moto-rambar, Inc. PO Box 366239, San Juan, PR00920-6239.’ Cox Santiago and a sales executive from Motoram-bar signed the Contract in a space immediately below the assignment section bearing Motorambar’s rub-berstamp.
10. Cox Santiago disbursed no cash in the transaction with Motorambar. Nor did she provide Motorambar with an advance payment for the purchase of the Infinity.
11. On August 12, 2014, Cox Santiago filed for chapter 13 bankruptcy protection. Bankruptcy Case No. 14-06617, Docket No. 1.
12. At the time of the filing, Cox Santiago owed $37,420 to Scotiabank for the Infinity as per proof of claim number 3-1.

Cox Santiago commenced the present adversary proceeding on July 29,2015 pursuant to 11 U.S.C. § 547, seeking to avoid a lien over a vehicle she purchased on credit in July 2, 2010. The vehicle was sold by Motorambar, who, within the same transaction, assigned all its rights and credits to Scotiabank. Although, Motoram-bar is not a creditor of Cox Santiago, it was included as a Co-defendant in this case through an Amended Complaint [Dkt. No. 23] prompted by a motion to dismiss Scotiabank filed on lack of indispensable party grounds. As to Motorambar, the Amended Complaint makes three claims: (i) that the assignment of credits is invalid, because the Contract was rubberstamped, rather than signed; (ii) that the lien over the vehicle was not perfected within the timeframe provided under 11 U.S.C. § 547, because Motorambar allegedly failed to file the necessary paperwork with the Puerto Rico Department of Transportation and Public Works; and (iii) that the Contract is invalid because it failed to disclose the amount allegedly credited in the transaction for a BMW Cox Santiago gave as trade-in.

Standard of Review: Summary Judgment

The role of summary judgment is to look behind the facade of the pleadings and assess the parties’ proof in order to determine whether a trial is required. Mulvihill v. Top-Flite Golf Co., 335 F.3d 15, 19 (1st Cir. 2003). Pursuant to Fed. R. Civ. P. [126]*126Rule 56(c), made applicable in bankruptcy by Fed. R. Bankr. P. 7056, a summary judgment is available if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c); Borges ex rel. S.M.B.W. v. Serrano-Isern, 605 F.3d 1, 4 (1st Cir. 2010). As to issues on which the Movant, at trial, would be compelled to carry the burden of proof, it must identify those portions of the pleadings that it believes demonstrate there is no genuine issue of material fact. In re Edgardo Ryan Rijos & Julia E. Cruz Nieves v. Banco Bilbao Vizcaya & Citibank, 263 B.R. 382, 388 (1st Cir. BAP 2001). A fact is deemed “material” if it could potentially affect the outcome of the suit. Borges, 605 F.3d at 5. Moreover, there will only be a “genuine” or “trial worthy” issue as to such a “material fact,” “if a reasonable fact-finder, examining the evidence and drawing all reasonable inferences helpful to the party resisting summary judgment, could resolve the dispute in that party’s favor.” Id. at 4. The court must view the evidence in the light most favorable to the nonmoving party. Alt. Sys. Concepts, Inc. v. Synopsys, Inc., 374 F.3d 23, 26 (1st Cir. 2004).

Therefore, summary judgment is “inappropriate if inferences are necessary for the judgment and those inferences are not mandated by the record.” Rijos, 263 B.R. at 388. Although this perspective is favorable to the nonmoving party, she still must demonstrate, “through submissions of evi-dentiary quality, that a trial worthy issue persists.” Iverson v. City of Boston, 452 F.3d 94, 98 (1st Cir. 2006). Moreover, “[o]n issues where the non Movant bears the ultimate burden of proof, [she] must present definite, competent evidence to rebut the motion.” Mesnick v. Gen. Elec. Co., 950 F.2d 816, 822 (1st Cir.1991). These showings may not rest upon “conclusory allegations, improbable inferences, and unsupported speculation.” Medina-Muñoz v. R. J. Reynolds Tobacco Co., 896 F.2d 5

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Borges Ex Rel. SMBW v. Serrano-Isern
605 F.3d 1 (First Circuit, 2010)
Mulvihill v. Top-Flite Golf Co.
335 F.3d 15 (First Circuit, 2003)
Gonzalez-Pina v. Guillermo-Rodriguez
407 F.3d 425 (First Circuit, 2005)
Iverson v. City of Boston
452 F.3d 94 (First Circuit, 2006)
Samuel Mesnick v. General Electric Company
950 F.2d 816 (First Circuit, 1991)
Debra Horta v. Charles B. Sullivan
4 F.3d 2 (First Circuit, 1993)
GARITA HOTEL LTD. v. Ponce Federal Bank, FSB
954 F. Supp. 438 (D. Puerto Rico, 1996)
Rijos v. Banco Bilbao Vizcaya (In Re Rijos)
263 B.R. 382 (First Circuit, 2001)
Celta Agencies, Inc. v. Denizciliksanayi Ve Ticaaret, A.S.
396 F. Supp. 2d 106 (D. Puerto Rico, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
570 B.R. 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santiago-v-scotiabank-de-puerto-rico-in-re-santiago-prb-2017.