EMPRESAS MARTINEZ VALENTIN CORP v. PC PUERTO RICO LLC

2:11-ap-00178PrbJul 2, 2012

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IN THE UNITED STATES BANKRUPTCY COURT FOR
THE DISTRICT OF PUERTO RICO
IN RE:
EMPRESAS MARTINEZ VALENTIN CORP 	CASE NO. 11-07018 EAG
CHAPTER 11
Debtor(s) 	ADVERSARY NO. 11-00178
EMPRESAS MARTINEZ VALENTIN CORP
Plaintiff
V.
CHEVRON OF PUERTO RICO, LLC 	FILED & ENTERED ON 07/02/2012
Defendant(s)
OPINION AND ORDER
The motions in compliance with court’s order to show cause dated 06/15/2012 filed
by Chevron of Puerto Rico, LLC (“Chevron”) at Docket #42 and the Debtor at Docket #43 do
not establish cause for the consignment of monies in this adversary proceeding with the
court, since the parties agree that all monies being deposited belong to the debtor. 	Fed.
R. Civ. P. 67; see United States v. Balfour, Guthrie & Co., 192 F. Supp. 60 (S.D.N.Y.
1961). 	Therefore, the monies shall be returned to Chevron. 	To the extent that Chevron
acknowledges that the amounts deposited are owed to debtor, Chevron shall make such
payments, and any future payments, directly to debtor. 	The acceptance of such payments by
debtor shall not be deemed to constitute a waiver of debtor’s right to challenge the
amounts owed by Chevron for rent under the lease agreement.
A separate order will be entered for the disbursement of the funds.
SO ORDERED.
San Juan, Puerto Rico, this 02 day of July, 2012.
Edward A. Godoy
U.S. Bankruptcy Judge
c: 	DEBTOR(S)
CHEVRON OF PUERTO RICO, LLC
Case:11-00178-EAG Doc#:44 Filed:07/02/12 Entered:07/02/12 11:31:49 Desc: Main
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