COLON ROJAS v. FIRST BANK et al

OCR transcription for search; preserved printed pages are authoritative

Case:08-00085-ESL Doc#:43 Filed:09/17/09 Entered:09/24/09 09:59:34 Desc: Main
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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF PUERTO RICO

In re:
HIRAM COLON ROJAS, : Case No. 98-6078 (ESL)

Debtor : Chapter 13

HIRAM COLON ROJAS,
Plaintiff,
Vv. : Adv. No. 08-0084
: Adv. No. 08-0085
FIRSTBANK, JOHN DOE, RICHARD ROE
and ABC INSURANCE COMPANY,

Defendants

DECISION AND ORDER

In Adversary Proceeding 08-0083, the debtor, Hiram Colon Rojas
(“Colon”), filed suit against Money Express seeking damages and
injunctive relief for violation of the discharge injunction of 11
U.S.C. § 524(a) (2). Colon alleged that Money Express violated the
discharge injunction by assigning or conveying a discharged debt to
Advanced Collection Services (“Advanced”), although Colon also
alleged that Money Express had informed Advanced that the debt was
discharged and that it would be illegal to seek to enforce the debt
against Colon or his property. The Court concluded that because
Money Express informed Advanced that the debt was discharged and
that all actions or proceedings to enforce the debt or levy on
Colon’s property were prohibited and foreclosed by law, Colon’s

complaint did not allege a plausible entitlement to relief.

7 AUTHENTICATED
7 U.S. GOVERNMENT
4 INFORMATION

GPO

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Accordingly, the Court granted the motion to dismiss filed by Money
Express.

In the present identical adversary proceedings, Colon again
seeks redress for attempts to collect this same debt. In these
adversary proceedings, Colon identifies FirstBank as d/b/a Money
Express and identifies the same claim involved in Adv. No. 08-0083.
The only difference being that Colon alleges here that the debt was
sold to Puerto Rico Acquisition LLC (“Acquisition”) and thereafter
the debt was assigned or conveyed to NCO Financial Systems of
Puerto Rico, Ine. (*NCO”). Colon again alleges that FirstBank
informed Acquisition and NCO that all actions or proceedings to
enforce the discharged debt or to levy on Colon’s property were
prohibited and foreclosed by law. Notwithstanding, Colon alleges
that NCO sent a collection letter on behalf of Acquisition,
indicating that Colon owed $474.73 related to a former debt to
FirstBank.

FirstBank seeks dismissal of the adversaries, arguing, as did
Money Express in Adv. No. 08-0083, that far from alleging that
FirstBank violated the discharge injunction, the complaints allege
specific and unequivocal conduct by FirstBank conducive to
preventing a violation of the discharge order.

For the reasons stated by the Court in the Decision and Order
entered in Adv. No. 08-0083, which is incorporated by reference,

the Court concludes that these complaints must be dismissed for

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failure to state claims upon which relief may be granted.
ORDER
Wherefore IT IS ORDERED that FirstBank’s motions to dismiss
(dkt. #18 in both adversaries), shall be, and they hereby are,
GRANTED.
Judgments of dismissal will enter accordingly.
SO ORDERED.

San Juan, Puerto Rico, this/ 7 day of September, 2009.

BY THE COURT:

yous,

NRAQUE S. LAMOUTTE
U.S. Bankruptcy Judge