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IN RE PLAZA RESORT AT PALMAS, INC.

No. 12-9005.

741 F.3d 269 (2014)

In re the PLAZA RESORT AT PALMAS, INC., Debtor. Scotiabank De Puerto Rico, Plaintiff, Appellant, v. Joseph Burgos; Gilda Cruz; Leticia Flores Berganzo; Noreen Ortiz; Eliselina Rosario; David Nieto Carrero; Lissette Vargas Valle; Rafael Almodóvar; Francisco Sierra Méndez; María Rodríguez De Sierra; Cruz A. Torres Colón; Paulita Colón Flores; Ernesto Brito; Marigloria Del Valle; Claudio Medina; María Romero, Defendants, Appellees.

United States Court of Appeals, First Circuit.

January 16, 2014.

Attorney(s) appearing for the Case

Víctor J. Quiñones , with whom Morell Bauzá Cartagena & Dapena, was on brief for appellant.

Gerardo Pavía-Cabanillas , with whom Pavía & Lázaro, PSC, was on brief for appellees Ernesto Brito and Marigloria Del Valle.

Before TORRUELLA, SELYA and LIPEZ, Circuit Judges.

TORRUELLA, Circuit Judge.

The issue to be decided in this appeal is whether Defendants/Appellees Ernesto Brito and Marigloria Del Valle have a real property interest in an apartment that is part of a timeshare real estate venture undergoing Chapter 11 bankruptcy proceedings. At summary judgment, based on the Puerto Rico Timeshare and Vacation Club Act (the "Timeshare Act" or the "Act"), P.R. Laws Ann. tit. 31, § 1251, et seq., and the sale contract between...

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