MAXON ENGINEERING SERVICES INC v. MUNICIPALITY OF SALINAS

1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF PUERTO RICO
In re: :
:
MAXON ENGINEERING SERVICES, INC., : Case No. 04-04781 (GAC)
:
Debtor : Chapter 7
___________________________________:
:
MAXON ENGINEERING SERVICES, INC., :
:
Plaintiff, :
:
v. :
:
MUNICIPALITY OF SALINAS, : Adv. No. 07-00139
AUTORIDAD DE ENERGIA ELECTRICA, : Adv. No. 07-00159
TORRES HERNANDEZ & PUNTER : Adv. No. 07-00223
:
Defendants :
___________________________________:
DECISION AND ORDER
The debtor filed a voluntary petition under Chapter 11 on May
4, 2004. The case was converted to Chapter 7 on June 13, 2006 and
Noreen Wiscovitch Rentas was appointed interim trustee on June 14,
2006. On June 11, 2007, the Chapter 7 trustee filed these
adversary proceedings for recovery of alleged post-petition
payments made to the defendants on account of prepetition debts.
The trustee claims that the payments were not authorized by the
Court and thus must be returned to the estate pursuant to 11 U.S.C.
§ 549. The defendants have sought dismissal of the complaints,
contending that they are time barred. The trustee has opposed the
motions contending that the statute of limitations was equitably
Case:07-00139-MCF Doc#:38 Filed:10/08/08 Entered:10/08/08 15:38:44 Desc: Main
Document Page 1 of 2

2
tolled.
The Court has reviewed the complaints and concludes that the
trustee does not indicate when the alleged transfers took place.
Thus, from the record, because the Court is unable to determine
when the alleged transfers took place, the Court can not ascertain
whether the statute of limitations has expired.
Accordingly, the trustee will be required to amend the
complaints to specifically allege the timing of the transfers which
she seeks to avoid, to enable the Court to determine whether
recovery is time-barred or whether the statute of limitations was
tolled.
ORDER
WHEREFORE IT IS ORDERED that the trustee is granted twenty
(20) days to amend the complaints to indicate the timing of the
alleged transfers which she seeks to avoid.
SO ORDERED.
San Juan, Puerto Rico, this 8th day of October, 2008.
BY THE COURT:
s/ Gerardo A. Carlo
_______________________
GERARDO A. CARLO
U.S. Bankruptcy Judge
Case:07-00139-MCF Doc#:38 Filed:10/08/08 Entered:10/08/08 15:38:44 Desc: Main
Document Page 2 of 2