IN RE MB JOMA, INC.

BAP NO. PR 08-040. Bankruptcy No. 05-08110-SEK. Adversary No. 06-0155-SEK.

403 B.R. 146 (2009)

MB JOMA, INC., Debtor. MB Joma, Inc., Plaintiff-Appellee, v. Felix Olmo Nieves, Patricia Castillo Cedeño, and Their Conjugal Partnership, Defendants-Appellants.

United States Bankruptcy Appellate Panel for the First Circuit.

April 10, 2009.


Attorney(s) appearing for the Case

Emilio F. Soler, Esq., on brief for Appellant.

Carmen Conde Torres, Esq., San Juan, PR, on brief for Appellee.

Before HAINES, VOTOLATO, and FEENEY, United States Bankruptcy Appellate Panel Judges.


JAMES B. HAINES, JR., Bankruptcy Judge.

Felix Olmo Nieves, Patricia Castillo Cedeño and their conjugal partnership (the "Creditors") appeal from the bankruptcy court's April 3, 2008 Order and Opinion denying the Creditors' Motion to Dismiss and/or For Summary Judgment and granting the remedies sought by MB Joma, Inc. ("MB Joma") in its complaint. For the reasons set forth below, we AFFIRM.

BACKGROUND

MB Joma was in the construction...

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