JOEL LINARES PAGAN and CORALY RODRIGUEZ ALMODOVAR

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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF PUERTO RICO
In re: :
:
JOEL LINARES PAGAN, : Case No. 04-03637 (GAC)
CORALY RODRIGUEZ ALMODOVAR, :
:
Debtors : Chapter 7
___________________________________:
DECISION AND ORDER
The debtors filed a voluntary petition under Chapter 7 of the
Bankruptcy Code on April 2, 2004. On June 25, 2004, the trustee
filed a report of no distribution (dkt. #8). The debtors’
discharge was entered on August 20, 2004 (dkt. #12). On the same
date, the trustee was discharged and the case was closed (dkt.
#13).
On March 16, 2005, the debtors filed a motion to file a late
claim on behalf of Compania de Fianzas de Puerto Rico (“Compania de
Fianzas”)(dkt. #16). The debtors indicate that this creditor has
filed a complaint against the debtors demanding reimbursement of
certain payments made to Cooperativa Ahorro y Credito Sabanena
related to a guarantee executed with the insurance company to
guarantee debtors’ compliance with a loan agreement. The debtors
allege that they were not aware of their obligation to Compania de
Fianzas and argue that their failure to schedule it was due to
excusable neglect. In essence the debtors are seeking to amend
their schedules to include Compania de Fianzas as an unsecured
creditor so that the order of discharge will bar collection of this
Case:04-03637-GAC7 Doc#:17 Filed:09/12/05 Entered:09/12/05 11:53:29 Desc: Main
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debt. The debtors did not provide notice of their motion to
Compania de Fianzas.
ORDER
WHEREFORE IT IS ORDERED that this case is reopened. The
debtors shall provide notice of their motion to amend schedules to
Compania de Fianzas de Puerto Rico within twenty (20) days and
certify such compliance with the Court.
IT IS FURTHER ORDERED that the debtors’ request to amend their
schedules to include Compania de Fianzas as an unsecured creditor
will be granted if no objection is filed by Compania de Fianzas
within twenty days of the debtors certifying that Compania de
Fianzas was provided with notice of the debtors’ motion.
SO ORDERED.
San Juan, Puerto Rico, this 12th day of September, 2005.
/s/ Gerardo A. Carlo
__________________________
GERARDO A. CARLO
Chief, U.S. Bankruptcy Judge
Case:04-03637-GAC7 Doc#:17 Filed:09/12/05 Entered:09/12/05 11:53:29 Desc: Main
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