Liquidadora de Bienes, Inc. v. Alelí Corp. (In re Alelí Corp.)
Liquidadora de Bienes, Inc. v. Alelí Corp. (In re Alelí Corp.)
Opinion of the Court
OPINION AND ORDER
This is an appeal from a bankruptcy court’s final order reviewable under 28 U.S.C. sec. 157 (1984). Appellant Alelí Corporation (Alelí), is a debtor in an ongoing bankruptcy reorganization proceeding pursuant to 11 U.S.C. Ch. 11. Alelí has been impleaded by appellee Liquidadora de Bienes, Inc. (Appellee),
The record of the Chapter 11 bankruptcy proceeding shows that at the time of filing, Alelí scheduled as an asset the first-ranking promissory note and mortgage. Alelí stated being the holder in due course. However, thé note was under the custody
The bankruptcy court, after holding a hearing, entered an opinion and order on April 23, 1985, granting the modification of the automatic stay. Alelí filed a “Motion to Alter or Amend Order.”
I.
Among the purposes of the automatic stay remedy shielding a debtor subject to Title 11 U.S.C. provisions, is to “grant immediate relief to the debtor from creditors and also to prevent dissipation of the debt- or’s assets.” In re Corporación de Servicios Médicos Hospitalarios, 60 B.R. 920, 931 (D.P.R. 1986), aff'd, 805 F.2d 440, (1st Cir. 1986).
Generally, courts try to preserve, under the safeguarded concept of the estate, all assets of the debtor. 11 U.S.C. sec. 541; see Midlantic National Bank v. New Jersey Department of Environmental Protection, 474 U.S. 494, 106 S.Ct. 755, 762, 88 L.Ed.2d 859 (1986). This norm in no way limits the legal duties a debtor is obliged to execute. Here, the debtor alleges to have a valid first-ranking promissory note and mortgage. This has been questioned and is the subject of local litigation. As we see it, allowing the local courts to decide this issue only would not be improper nor offensive to the bankruptcy court’s duty to exercise bankruptcy jurisdiction. The narrow issue to be decided before the local dispute is adjudicated is the validity of the first-ranking mortgage lien Alelí claims to possess as an asset. This is totally dependent on local law. Northern Pipeline Const. Co. v. Marathon Pipeline Co., 458 U.S. 50, 84, 87, 102 S.Ct. 2858, 2878, 2880, 73 L.Ed.2d 598 (1982).
II.
Assuming, for argument purposes, that the local court decides that the first note is invalid or unenforceable, for whatever legal reasons under Puerto Rico law, the only effect on debtor’s estate would be that the mortgage credit would not be available to the estate as an asset for purposes of reorganization. If, on the other hand, the local court finds that the first note is in full force and binding, the estate retains the asset. Such local action is not detrimental to the final reorganization. We fail to see the claimed prejudice. After all, appellee Liquidadora de Bienes cannot be forced to execute its junior lien over the property in question before the bankruptcy court. The property is not before the bankruptcy court in any event. It does not belong to the debtor. On the contrary, Alelí is an indispensable party before the local court proceedings.
Be it remembered that the automatic stay exists not only to protect the debtor, it is also for the protection of the creditors. Commerzanstalt v. Telewide Systems, Inc., 790 F.2d 206 (2d Cir. 1986); In re George Ruggiere Chrysler Plymouth, 727 F.2d 1017 (11th Cir. 1984). The creditors are entitled to know whether or not debtor Alelí has a $100,000-promissory note asset as part of its estate.
We cannot find that Alelí will suffer undue hardship by exposure to the local
By virtue of the foregoing, we AFFIRM the bankruptcy court’s order of April 23, 1985. Judgment will be entered accordingly.
IT IS SO ORDERED.
. The suits pending before the Superior Court of Puerto Rico were originally instituted by Banco Central Corp. (Bank). On August 29, 1985, the Bank entered into an agreement with Liquida-dora de Bienes, Inc., whereby they assigned to Liquidadora all its rights, title, and interest in the above-mentioned local actions.
. It is clear that under Rule 16.1 of the Puerto Rico Rules of Civil Procedure, 32 L.P.R.A. App. Ill R. 16.1, Alelí is an indispensable party. Ap-pellee, in the process of foreclosing the junior lien, has challenged the validity of the first mortgage, thus making Alelí a party with a common interest. Without its presence, the local controversy cannot be adjudicated.
. In said motion, Alelí insists that the bankruptcy court order will oblige them to litigate the same issue in four cases. They are wrong. The bankruptcy court order is clear: Alelí will be included as a party in civil cases Nos. 81-438 and 78-8041 only. In both, Alelí is an indispensable party.
Reference
- Full Case Name
- In re ALELÍ CORPORATION, Debtor. LIQUIDADORA de BIENES, INC., as assignee of Banco Central Corp., Movant-Appellee v. ALELÍ CORPORATION
- Status
- Published