RODRIGUEZ BORGES v. DOMENECH RODRIGUEZ et al

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IN THE UNITED STATES BANKRUPTCY COURT FOR
THE DISTRICT OF PUERTO RICO
IN RE:
MANUEL ANTONIO DOMENECH
RODRIGUEZ
CASE NO. 10-05835 BKT
CHAPTER 7
Debtor(s) 	ADVERSARY NO. 10-00144
RUTH E RODRIGUEZ BORGES
Plaintiff
MANUEL ANTONIO DOMENECH
RODRIGUEZ
WIGBERTO LUGO MENDER ,TRUSTEE
FILED & ENTERED ON 03/29/2011
Defendant(s)
OPINION AND ORDER
This proceeding is before the Court upon the Trustee’s Motion requesting entry of order for
dismissal [Dkt No. 25], the Trustee’s Motion requesting entry of order for Amended dismissal of
Adversary Procedure [Dkt No. 26], and the Plaintiff’s Opposition to Trustee's Motion to Dismiss and
Amended Motion to Dismiss [Dkt. No. 34]. For the reasons set forth below, this Court grants the
Trustee’s Motion to Dismiss.
I. DISCUSSION
Ruth E. Rodriguez Borges ("Plaintiff") filed the captioned adversary proceeding to seek
declaratory judgment as to the dischargeability of the amounts owed by Manuel Antonio Domenech
Rodriguez ("Debtor"). In the complaint, the Plaintiff alleges that the Debtor owes domestic support
obligations ("DSO") that accrued to $80,700 in past-due child support payments. On August 25,
2010, the Debtor responded to Plaintiff's complaint with a request for dismissal and abstention for
cause, because the controversy over the amounts allegedly owed as domestic support obligations
were submitted for resolution in the Courts of the Commonwealth of Puerto Rico, Case Number
Case:10-00144-BKT Doc#:35 Filed:03/29/11 Entered:03/29/11 16:14:59 Desc: Main
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KDI2000-2183. 	While the Plaintiff requested several extensions of time to oppose Debtor's
dismissal request, the Court scheduled a Pre-Trial Scheduling Conference for November 17, 2010.
Prior to the hearing, Plaintiff complied with filing her response and Debtor's representative resigned
to allow the Chapter 7 Trustee to continue the litigation on behalf of the Chapter 7 estate. At the
hearing, the parties proffered among other things, that they would inform the Court about the State
Court's determination of the DSO amounts owed pre-petition. That same evening, Debtor's
withdrawn counsel filed the resolution made by the State Court on October 8, 2010, which
restructured Debtor's payments and eliminated Debtor's prepetition DSO arrears. [Dkt. No. 22]. In
light of this, the Trustee reiterated its request for dismissal but Plaintiff requested additional time to
oppose. In her opposition, Plaintiff argues that the adversary should proceed in order to classify
Plaintiff’s DSO claim as a priority under 11 U.S.C. § 507(a)(1) and determine that said claim is
exempt from discharge as per 11 U.S.C. § 523(5) & (15). We disagree. The resolution made by the
State Court is indicative that the controversy related to the pre-petition domestic support obligations
between Plaintiff and Debtor is being actively litigated in the State Court. Furthermore, the
resolution filed makes no findings of arrears and therefore, a determination as to the classification
and/or dischargeability of a potential claim would be premature and inappropriate. This Court hereby
incorporates by reference the arguments and legal conclusions made by the Chapter 7 Trustee in his
Motion to Dismiss and adopts them as its own findings and conclusions of law. [Dkt. No. 26]
II. CONCLUSION
Having found that the resolution issued by the State Court does not indicate any arrearage in
the Debtor’s domestic support obligations, this Court declines to make a determination as to
classification and/or dischargability at this stage. Furthermore, having found that the controversy at
Case:10-00144-BKT Doc#:35 Filed:03/29/11 Entered:03/29/11 16:14:59 Desc: Main
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hand is actually being litigated in the State Court, this court hereby dismisses this Adversary
Proceeding pursuant the provisions of 11 U.S.C. § 305 and 28 U.S.C. § 1334 (c)(1).
SO ORDERED.
San Juan, Puerto Rico, this 29 day of March, 2011.
Brian K. Tester
U.S. Bankruptcy Judge
Case:10-00144-BKT Doc#:35 Filed:03/29/11 Entered:03/29/11 16:14:59 Desc: Main
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