ANABELLE EXCLUSA GREEN and ANGEL MANUEL RIVERA LOPEZ

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IN THE UNITED STATES BANKRUPTCY COURT FOR
THE DISTRICT OF PUERTO RICO
IN RE:
ANABELLE 	EXCLUSA GREEN 	CASE NO. 12-00337 BKT
ANGEL MANUEL RIVERA LOPEZ 	Chapter 13
XXX-XX-5483
XXX-XX-8375
FILED & ENTERED ON 06/27/2012
Debtor(s)
Opinion & Order
Before the Court is the Chapter 13 Trustee’s (the “Trustee”) Objection to
Exemptions (the “Objection”) (Dkt No. 12), Debtors’ response to the Objection
(Dkt No. 13), and the Trustee’s memorandum of law in support of the Objection
(Dkt No. 30). 	The Trustee argues that under the Puerto Rico Home Protection
ActNo. 195, enacted on September 13, 2011 (in Spanish titled “Ley del Derecho a
la Protección del Hogar Principal y el Hogar Familiar”, referred to herein as the
“PR 	Home 	Protection 	Act”), 	the 	homestead 	exemption 	claimed 	by 	Debtors 	is
inapplicable 	to 	bankruptcy 	cases. 	Therefore, 	the 	Trustee 	requests 	that
Debtors’claim for exemptions under the PR Home Protection Act be disallowed. 	For
the reasons set forth below, the Objectionto Exemptions is granted and Debtors’
claim for homestead exemption pursuant to thePR Home Protection Act is denied.
I. Factual Background
Debtors, 	AnabelleExclusa 	Green 	and 	Ángel 	Manuel 	Rivera 	López, 	filed 	a
voluntary petition under the provisions of Chapter 13 of the Bankruptcy Code on
January 23, 2012 (Dkt No. 1). 	Debtors listed their primary residence in Schedule
C with a value, as of the date of the filing of the petition, of $87,500.00.
(Dkt. 	No. 	1, 	p. 	27).As 	it 	appears 	from 	the 	Schedules, 	said 	property 	is 	not
encumbered with any mortgage liens. 	Debtors claim a homestead exemption over
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their primary residence for the totality of the valueof the property, pursuant to
the PR Home Protection Act. 	(Dkt. No. 1, p. 27).
The Trustee argues that the recent PR Home Protection Act is inapplicable
to bankruptcy cases, and, as such,Debtors’homestead exemption must be disallowed.
(Dkt No. 12). The Trustee mainly relies on the specific waivers to the homestead
exemption that the PR Home Protection Act incorporates in its Article 4. 	(Dkt
No. 30).
II. 	Discussion and analysis
Under Section 541 of the Bankruptcy Code, all of Debtors’ assets become
property of the bankruptcy estateupon the filing of the bankruptcy petition.
This, however, is subject to Debtors’ right to reclaim certain property as exempt
under Section 522. 	11 U.S.C. § 522.
Article 	4 	of 	the 	PR 	Home 	Protection 	Act 	provides 	that 	the 	homestead
protection is unwaivable, except in those circumstances expressly enumerated in
said article. 	Applicable to this case, Article 4(b)provides that the homestead
protection is waived in those cases where the Bankruptcy Code is applicable.
Thus, by its plain terms, the protections of the PR Home Protection Act are
exclusiveofthe exemptions afforded by the BankruptcyCode. 	Pursuant to Article
4of 	the 	PR 	Home 	Protection 	Act, 	when 	Debtors 	filed 	for 	bankruptcy, 	they
automatically 	waived 	the 	homestead 	protection 	provided 	therein.SeeIn 	re
Hernández,--B.R. --,2012 WL 1255126*3 (Bkrtcy.D.Puerto Rico, Hon. E. Lamoutte).
III. 	Conclusion
For the reasons set forth herein, the Trustee's Objection to Exemptions is
granted.
IT IS SO ORDERED.
San Juan, Puerto Rico this 27 day of June, 2012.
Brian K. Tester
U.S. Bankruptcy Judge
CC: 	DEBTOR(S)
JESUS 	SANTIAGO MALAVET
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ALEJANDRO 	OLIVERAS RIVERA
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