Gándara-Gorritz v. Scotiabank De Puerto Rico
Gándara-Gorritz v. Scotiabank De Puerto Rico
Opinion of the Court
*872Appellant Wanda Gándara-Gorritz ("Gándara") appeals the United States Bankruptcy Court for the District of Puerto Rico ("bankruptcy court")'s order denying the reconsideration of its sua sponte decision to dismiss Gándara's bankruptcy case. (Docket No. 9.) Appellee Scotiabank de Puerto Rico ("Scotiabank") opposes Gándara's appeal. (Docket No. 10.) For the reasons set forth below, the Court AFFIRMS the bankruptcy court's decision.
I. Background
On September 18, 2018, Gándara filed a chapter 13 plan in the bankruptcy court. (Bankr. Docket No. 21.) On November 2, 2018, the bankruptcy court scheduled Gándara's confirmation hearing for April 2019. (Bankr. Docket No. 36.) On April 3, 2019, the bankruptcy court denied confirmation of Gándara's chapter 13 plan because of her "failure to appear" and the "trustee's unfavorable report," which had been filed on March 26, 2019. (Bankr. Docket Nos. 63 and 65.) The bankruptcy court notified Gándara that pursuant to Puerto Rico Local Bankruptcy Rule 3015-3(g) ("Rule 3015-3(g)"):
[T]he court may dismiss the case, unless within fourteen (14) days after denial of confirmation: (A) the debtor filed an amended plan; (B) the debtor moves to convert the case to another chapter of the Bankruptcy Code; (C) the debtor requests the court to alter or amend the order denying confirmation pursuant to Fed. R. Bankr. P. 9023 stating with particularity how the issues that prevented confirmation of the proposed plan have been resolved with the trustee and/or the objecting creditor; or (D) the court orders otherwise.
P.R. Loc. Bankr. R. 3015 -3(g).
Because Gándara failed to take any action pursuant to Rule 3015-3(g) during the fourteen-day period, the bankruptcy court dismissed her case sua sponte on May 7, 2019. (Bankr. Docket No. 70.) On May 8, 2019, Gándara filed a motion for reconsideration of the bankruptcy court's dismissal. (Bankr. Docket No. 71.) The bankruptcy court denied Gándara's motion "for the reasons in the opposition filed by Scotiabank, which the [bankruptcy] court adopt[ed]," on June 4, 2019. (Bankr. Docket Nos. 73 and 76.)
On June 16, 2019, Gándara filed a notice of appeal contesting the bankruptcy court's denial of her motion for reconsideration. (Bankr. Docket No. 82.) Gándara contends that the bankruptcy court (1) "erred in allowing Scotiabank [ ] to have standing to file a Proof of Claim when said party had no claim whatsoever because its claim was time-barred;" (2) "erred in not allowing a reasonable time extension ... to reply to Scotiabank [ ] ... due to undersigned health issues;" and (3) "erred in not making statements of facts and considerations of law in granting Scotiabank's Motion to Dismiss." (Docket No. 9 at p. 6.) The Court disagrees.
II. Jurisdiction
Because the bankruptcy court's sua sponte dismissal of Gándara's case and denial of her motion of reconsideration are final orders, this Court has jurisdiction to hear her appeal pursuant to
*873In re Witkowski,
III. Standard of Review
The Court reviews "a bankruptcy court's decision to dismiss a chapter 13 case for abuse of discretion." In re Witkowski,
"An abuse of discretion occurs when the trial court ignores a material factor deserving significant weight, relied upon an improper factor, or assesses all proper and no improper factors, but makes a serious mistake in weighing them." In re Jackson, No. 13-01064-MSH,
IV. Discussion
Gándara's contentions are unavailing because she fails to demonstrate any abuse of discretion by the bankruptcy court. See In re Jackson, No. 13-01064-MSH,
V. Conclusion
For the reasons set forth above, the bankruptcy court's order denying the reconsideration of its sua sponte decision to dismiss Gándara's bankruptcy case is AFFIRMED.
Judgment shall be entered accordingly.
IT IS SO ORDERED .
Reference
- Full Case Name
- Wilma GÁNDARA-GORRITZ v. SCOTIABANK DE PUERTO RICO
- Status
- Published