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RIVERA MERCADO

BAP No. PR 18-021 Bankruptcy Case No. 15-09902-MCF Adversary Proceeding No. 17-00286-MCF.

599 B.R. 406 (2019)

Eduardo RIVERA MERCADO, Debtor. Wilfredo Segarra Miranda, Chapter 7 Trustee, Plaintiff-Appellant, v. Banco Popular de Puerto Rico, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

April 17, 2019.

Attorney(s) appearing for the Case

Rafael A. González Valiente, Esq. , Santurce, on brief for Plaintiff-Appellant.

Sergio A. Ramírez de Arellano, Esq. , on brief for Defendant-Appellee.

Before Feeney, Hoffman, and Cary, United States Bankruptcy Appellate Panel Judges.

This appeal concerns the effect of an unrecorded mortgage under Puerto Rico law and, more particularly, whether the bankruptcy court properly denied the chapter 7 trustee's request to avoid an unrecorded mortgage and to preserve the avoided lien for the benefit of the bankruptcy estate (the "Order")....

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