Enrique S. Lamoutte
How Judge Lamoutte rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Lamoutte decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Abstention was appropriate because dismissal would not prejudice the parties while the state forum resolved the underlying dispute.
“Accordingly, dismissal will not prejudice the parties.”
Joint debtors could each invoke the homestead protection where the property was their principal residence.
“each co-owner is entitled to claim exemptions under 11 U.S.C. § 522(m)”
Procedural preferences
A creditor must protect its own dischargeability deadline rather than rely on another creditor's extension.
“a party cannot piggyback on another party’s extension of time under Fed. R. Bankr.P. 4007(c)”
Cautions
Post-judgment amendment requires a manifest legal or factual error or qualifying newly discovered evidence.
“Fed.R.Civ.P. 52(b) motions proceed only when a party demonstrates a manifest error of law or fact, or in limited situations to present newly discovered evidence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated herein, the Motion for Abstention (dkt. #62) is GRANTED.”
“For the reasons stated therein, the Chapter 13 Trustee’s Objection (Docket No. 17) is hereby denied.”
“the court hereby grants the Application for Compensation filed by Attorneys Manugal and Jiménez”
“the Chapter 13 Trustee’s Objection (Docket No. 24) is hereby denied”
“PRHTA’s Motion to Alter or Amend (Docket No. 301) is hereby denied.”
“the court hereby denies Desarrollos Acuarios’ Motion for Joinder”
“FirstBank’s Motion for Reconsideration is hereby denied.”
“the Chapter 13 Trustee’s Objection, Renewed Objection and Unfavorable Report (Docket Nos. 15, 27 and 28) are hereby denied.”
“the Motion for Summary Judgment filed by the Plaintiffs is partially granted to determine that First Bank’s Second Mortgage is wholly unsecured under Section 506(d) of the Bankruptcy Code. The Plaintiffs request for an order to the Property Registrar to eliminate First Bank’s Second Mortgage is hereby denied without prejudice at this juncture.”
“the Trustee’s Objection to Plan Confirmation and Memorandum of Law in Support Thereof is hereby granted.”
“the objection filed by Palmas del Mar Country Club, Inc. to the priority status of Proofs of Claim filed by Mr. Jose Sanchez, Mr. Luis Marin, Mr. Miguel Nazario Franco, Mr. Blair C. Fensterstock and Ms. Janitzia Schurch (Docket No. 89) is hereby granted.”
“the Torres Defendants’ Motion to Dismiss is hereby denied.”
Caseload & timing
From public federal docket records for this judge.
The sampled matter remained pending in the docket metadata, although the August 14 opinion stated that the bankruptcy case and related adversary proceeding were dismissed.
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