ZADDIEL RODRIGUEZ CORDOVA

1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF PUERTO RICO
In re: :
:
ZADDIEL RODRIGUEZ CORDOVA, : Case No. 05-08588 (GAC)
:
Debtor : Chapter 13
___________________________________:
DECISION AND ORDER
On October 4, 2005, General Electric Capital Corp. of Puerto
Rico (“GEC”) filed a motion for relief from the automatic stay
(dkt. #9). The notice on motion for relief from stay was issued on
October 11, 2005, requiring service within three days and the
filing of a certificate of service within five days after service.
The certificate of service was filed on October 12, 2005 (dkt.
#16).
The debtor filed a response to the motion for relief from stay
on October 10, 2005, prior to the issuance and service of the
notice (dkt. #11). The preliminary hearing was scheduled for
October 28, 2005. The debtor failed to appear at the hearing and
the stay was lifted in favor of GEC. The order lifting the stay
was entered on November 10, 2005 (dkt. #23).
On November 4, 2005, the debtor filed a motion for
reconsideration of the order lifting the stay (dkt. #20). The
debtor claims that he was not provided with adequate notice of the
motion for relief. GEC was ordered to file a response and filed an
opposition to the motion (dkt. #27).
Case:05-08588-GAC13 Doc#:29 Filed:01/11/06 Entered:01/11/06 08:58:02 Desc: Main
Document Page 1 of 3

2
The debtor admits to being served with the notice of motion
for relief from stay on October 11, 2005, the date of its issuance.
The notice scheduled the preliminary hearing for October 28, 2005,
seventeen days after its issuance. The Court concludes that GEC
served the notice of motion for relief from stay within three days
of its issuance, irrespective of the fact that GEC filed its motion
for relief from stay seven days prior to the issuance of the
notice. The debtor filed a timely response to the motion and
failed to appear at the preliminary hearing. The Court concludes
that the debtor received adequate notice of the motion for relief
from stay and of the hearing and has provided no justification for
the failure to appear.
The Court also finds that this is the debtor’s fourth petition
in three years and notes that the automatic stay was lifted in
GEC’s favor, for cause, in the debtor’s last petition, Case No. 04-
10957. Finally, the Court concludes that a motion seeking the
reimposition of the automatic stay, requires the filing of an
adversary proceeding pursuant to Fed. R. Bankr. P. 7001(7).
Accordingly, the debtor’s motion for reconsideration of the order
granting GEC relief from stay will be denied.
Case:05-08588-GAC13 Doc#:29 Filed:01/11/06 Entered:01/11/06 08:58:02 Desc: Main
Document Page 2 of 3

3
ORDER
WHEREFORE IT IS ORDERED that the debtor’s motion for
reconsideration (dkt. #20) of the order lifting the automatic stay
in favor of GEC, shall be, and it hereby is, DENIED.
SO ORDERED.
San Juan, Puerto Rico, this 9th day of January, 2006.
/s/ Gerardo A. Carlo
____________________________
GERARDO A. CARLO
Chief, U.S. Bankruptcy Judge
Case:05-08588-GAC13 Doc#:29 Filed:01/11/06 Entered:01/11/06 08:58:02 Desc: Main
Document Page 3 of 3