Gerardo A. Carlo-Altieri
How Judge Carlo-Altieri rules, drawn from 15 signed orders. Every observation links to the order it came from.
Judge Carlo-Altieri no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Carlo-Altieri decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Equitable tolling required a meaningful connection between the defendant and the conduct that concealed the claim; unrelated trade creditors did not bear the consequences of insiders' alleged misconduct.
“there must be a nexus between the defendant and the wrongful conduct.”
A previously certified creditor class could proceed through representative proofs of claim without imposing individual filings on thousands of class members.
“class proofs of claim may be filed in a bankruptcy case by a certified representative of the class”
Procedural preferences
Plain statutory language controlled tax-priority timing, with the operative date being when the return was due rather than when it happened to be filed.
“The measuring date is not when the return was filed, but when it was last due.”
A closed case would not be reopened when no meaningful relief could be afforded, but reopening was available where alleged assets made further proceedings potentially useful.
“Courts should not reopen a case if doing so would be futile.”
A local-law dispute remote from estate administration was returned to the local forum where comity and timely adjudication favored remand.
“The breach of contract action is remotely related to the bankruptcy case. Moreover, all of the issues involve only local law.”
Cautions
A monetary judgment against the United States could not stand without an unambiguous statutory waiver of sovereign immunity.
“Absent that consent, the attempted exercise of judicial power is void.”
Emergency bankruptcy relief could not override a nonparty regulator's environmental order where the record showed an immediate public-health danger.
“the debtor must comply with PREQB’s orders unless or until the orders are rescinded by PREQB or overruled through the administrative process.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“WHEREFORE IT IS ORDERED that the motions to dismiss, filed by the defendants, shall be, and they hereby are, GRANTED.”
“WHEREFORE IT IS ORDERED that the order granting the debtors $4,000 in monetary damages, entered on March 31, 2003, shall be, and it hereby is, VACATED.”
“WHEREFORE, IT IS ORDERED that the Motion for an evidentiary hearing (Docket # 139), shall be, and it is hereby, Denied.”
“WHEREFORE IT IS ORDERED that in Adv. 03-0192, the Puerto Rico Highway and Transportation Authority is liable to Redondo Construction Corporation in the amount of $713,338.03, plus prejudgment interest at 6.5% from February 27, 2007.”
“IT IS FURTHER ORDERED that in Adv. 03-0194, the Puerto Rico Highway and Transportation Authority is liable to Redondo Construction Corporation in the amount of $10,402,099.66, plus prejudgment interest at 6.5% from June 30, 1996.”
“IT IS FURTHER ORDERED that in Adv. 03-0195, the Puerto Rico Highway and Transportation Authority is liable to Redondo Construction Corporation in the amount of $912,874.23, plus prejudgment interest at 6.5% from October 26, 1995.”
“WHEREFORE IT IS ORDERED that EduCap’s Motion for Summary Judgment (Docket # 30) shall be, and it hereby is, GRANTED IN PART, as to its entitlement to post-petition interest and reasonable collection fees and DENIED as to the amount sought because the Court is unable to determine how it was calculated.”
“WHEREFORE IT IS ORDERED that Defendants’ Motion Requesting Summary Judgment (Docket # 60) shall be, and it hereby is, GRANTED IN PART. Judgment shall enter in favor of the Defendants on Diaz’s complaint.”
“WHEREFORE IT IS ORDERED that the motions by creditors, Luis Bonilla, et al. to allow the filing of proofs of claim by a class representative (dkts. # 115 and # 117, respectively) shall be, and hereby are, GRANTED.”
“WHEREFORE IT IS ORDERED that the motion to dismiss filed by the defendants, Great Lakes Higher Education Corporation and Professional Recoveries Inc., is GRANTED. The adversary complaint shall be, and it hereby is, DISMISSED.”
“WHEREFORE IT IS ORDERED that Ramos’ objection to Proof of Claim # 9 (Docket # 15) shall be, and hereby is, Denied.”
“WHEREFORE IT IS ORDERED that ADS’ Motion to Remand and/or Abstain (Docket # 6) pursuant to 28 U.S.C. § 1452(b) is GRANTED. This action is hereby remanded to the Superior Court of Puerto Rico, San Juan Section.”
“IT IS ORDERED that the Motion for Summary Judgment filed by Eurobank (docket # 161) is hereby DENIED.”
“Furthermore, the Partial Summary Judgment (docket # 169) filed by Redondo shall be, and it hereby is DENIED.”
“IT IS ORDERED that PRHTA will compensate Redondo for the total amount of $4,506,828.29, plus legal interest at 6% from August 10, 2001, for the Project Las Cumbres Avenue.”
“IT IS ORDERED that PRHTA will compensate Redondo for the total amount $1,258,475.13, plus legal interest at 6% from August 10, 2001, for the Project Rio Grande de Loiza Bridge.”
“IT IS ORDERED that PRHTA will compensate Redondo for the total amount $655,550.19, plus legal interest at 6% from July 18, 1999, plus $ 217,079.49, for the Project Kennedy Avenue.”
“IT IS ORDERED that PRHTA will compensate Redondo for the total amount $2,177,799.94, plus legal interest at 6% from August 10, 2001, plus $46,650.60 for the Project Ponce-Adjuntas.”
“IT IS ORDERED that PRHTA will compensate Redondo for the amount of $1,644,875.03, plus legal interest at 6% from December 3, 2000, for the Project The Third Millennium Park.”
A historical record
Judge Carlo-Altieri no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.