DE LA ROSA MACAS et al v. MAZA & GREEN ATTORNEYS AND COUNSELORS AT LAW et al

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IN THE UNITED STATES BANKRUPTCY COURT FOR
THE DISTRICT OF PUERTO RICO
IN RE:
ANA C. DE LA ROSA MACAS
RAFAEL TORRES LAUREANO 	CASE NO. 07-05185 BKT
DEBTORS
_____________________________________ 	Chapter 13
ANA C. DE LA ROSA MACAS
RAFAEL TORRES LAURAENO
PLAINTIFFS
ADV. NO.: 12-053
VS.
MAZA GREEN ATTORNEYS AND COUNSELORS
AT LAW, ET ALS. 	FILED & ENTERED ON 06/04/2012
DEFENDANTS
ORDER
Defendants' Motion requesting substantive consolidation (Dkt No. 23), is
hereby DENIED. 	The adversary complaints which Defendants seek to consolidate do
not involve the same or even related debtors, as set forth in Fed. R. Bankr. P.
1015. Moreover, under Fed. R. Civ. P. 42(a), made applicable to these proceedings
by Fed. R. Bankr. P. 7042, the Court may consolidate, for joint hearing or trial,
actions involving common question of law or fact. 	Defendants, as the party
moving 	for 	consolidation, 	bear 	the 	burden 	of 	persuading 	the 	Court 	that
consolidation is desirable by showing the commonality of factual and legal issues
in the different actions. See MacAlister v. Guterma, 263 F.2d 65, 70 (2d Cir.
1958). 	The complaints and claims for relief are grounded on alleged collection
efforts 	by 	Defendants 	which 	purportedly 	violated 	the 	Fair 	Debt 	Collection
Practices Act and the automatic stay orders in each of the cases. 	However, while
the cases may involve some similar questions of law or facts, Defendants have
made 	no 	showing 	that 	these 	cases 	are 	sufficiently 	related 	to 	warrant
consolidation. 	Furthermore, no appreciable saving of time or expense will result
from the consolidation vis a vis the possible delay or prejudice involved in
consolidation.
Case:12-00053-MCF Doc#:24 Filed:06/04/12 Entered:06/04/12 09:13:23 Desc: Main
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IT IS SO ORDERED.
San Juan, Puerto Rico this 04 day of June, 2012.
Brian K. Tester
U.S. Bankruptcy Judge
CC: 	ALL CREDITORS
Case:12-00053-MCF Doc#:24 Filed:06/04/12 Entered:06/04/12 09:13:23 Desc: Main
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