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IN THE UNITED STATES BANKRUPTCY COURTFOR THE DISTRICT OF PUERTO RICO

IN RE: RICARDO RIVERA COLON PROVI VIZCARRONDO GONZALEZ

DEBTORS

ANGEL LUIS PEDROSA BERRIOS

Movant

Vs.

RICARDO RIVERA COLONPROVI VIZCARRONDO GONZALEZDebtors

ALEJANDRO OLIVERAS RIVERATrustee

Respondents

CASE NO.: 09-10185 (BKT)

CHAPTER 13

Index _________

Relief from Automatic Stay for Cause pursuant to 11 U.S.C. § 362 (d)(1)

MOTION TO LIFT STAY PURSUANT TO 11 U.S.C. § 362(d)(1)

TO THE HONORABLE COURT:

COMES NOW, creditor Ángel Luís Pedrosa-Berríos, thru the undersigned

attorney and very respectfully states, alleges and prays as follows:

JURISDICTION

1. This motion is filed with this Honorable Court pursuant to Rules 4001 (a)

and 9014 of The Federal Rules of Bankruptcy Procedures, Local Rule 4001 and Sec.

362 (d)(1) of the Bankruptcy Code to lift the Automatic Stay in the instant case as to

Creditor Ángel Luís Pedrosa-Berríos.

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2. Alejandro Oliveras-Rivera, Esq. is included in this matter in his official

capacity as the Chapter 13 Trustee appointed to the instant case.

FACTS

3. On April 12, 2007, creditor Ángel Luís Pedrosa-Berríos filed a complaint for

breach of contract and collection of moneys against Don Jacinto Development Corp.;

Nuevo Horizonte, S.E.; Luís Ángel Bénitez Álvarez; Laura Mercedes Quiñónes

Navarro; Ricardo Rivera Colón and his wife Provi Vizacarrondo González. The

complaint was filed in the local court, the case number being K AC2007-3370 (807).

4. Said complaint involves a $100,000.00 check given as deposit over a

house at Villas de Nuevo Horizonte residential development. Said residential

development was to be developed by Don Jacinto Development Corp. on a lot in

Guaynabo, Puerto Rico, which is owned by Nuevo Horizonte, S.E.

5. The above captioned debtors were accumulated in said complaint due to

the fact that debtor Ricardo Rivera Colón operated said development in his

personal capacity, as Ricardo Rivera Colón D/B/A Villas de Nuevo Horizonte.

6. After two and a half years of discovery and extensive motion practice, the

Trial was scheduled to commence on November 30, 2009 at 9:00 A.M., before

Honorable Judge Monsita Rivera Marchand.

7. To avoid testifying at the Trial scheduled for November 30, 2009, the above

captioned debtor filed the instant case Pro-Se (Docket No. 1) on that same date. As

provided by 11 U.S.C. § 362 (a), the Local Court stayed the Trial due to commence

on that same date.

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8. The above captioned debtors desire to toll the Trial scheduled for

November 30, 2009, came after they denied, under Oath, having anything to do

with the checking account at Banco Popular de Puerto Rico, in which the

$100,000.00 check given by Creditor Ángel LuísPedrosa-Berríos was deposited.

Said checking account number is 019-345976.

9. Thru a Subpoena served upon Banco Popular de Puerto Rico, it was

discovered that Checking Account No. 019-345976 was opened and belonged to

debtor Ricardo Rivera Colón. The documents provided by Banco Popular de

Puerto Rico that prove said fact are included on Exhibit 1.

10. On May 19, 2009, after Notice and a Hearing, The Local Court gave

Creditor Ángel Luís Pedrosa-Berríos an Order for a Preventive Garnishment against

the real estate property belonging to Nuevo Horizonte, S.E. Said Order was duly

recorded at the Puerto Rico Property Registry Offices in Guaynabo, Puerto Rico.

11. Said garnished property belongs to a third party, Nuevo Horizonte, S.E.,

which is a codefendant in case no. K AC2007-3370 (807). It’s free and clear of any

other liens or encumbrances; and its value is more than adequate to cover the

judgment to be entered in favor of Creditor Ángel Luís Pedrosa-Berríos. Hence, Mr.

Pedrosa-Berriós will not be seeking to enforce any judgment against the above

captioned debtors and/or any property of the estate.

12. Moreover, in order to continue with the Trial scheduled for November 30,

2009, the undersigned attorney tried to dismiss case no. K AC2007-3370 (807) as to

the above captioned debtors, but Hon. Monsita Rivera Marchand did not allowed it

since most of the rest of the codefendants in that case are in default and she

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expressed that debtor Ricardo Rivera Colón testimony was crucial to enter a

judgment. Codefendant Nuevo Horizonte, S.E. was accumulated in said complaint

for its vicarious liability due to the fact that it entered into a contract with the rest of

the defendant to develop said housing project.

LIFT OF THE AUTOMATIC STAY

13. Section 362 (d)(1) of the Bankruptcy Code read as follows:

(d) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided under subsection (a) of this section, such as by

terminating, annulling, modifying, or conditioning such stay—

(1) for cause, including the lack of adequate protection of an interest in property of such party in interest;

14. The above captioned debtors filed the instant case on November 30, 2009

to toll a Trial before the Local Court on Case No. K AC2007-3370 (807), which was

set to start on that same date.

15. Debtor Ricardo Rivera Colón was expected to testify on the following

subjects:

a. His relationship with the rest of the defendants;

b. The contract signed by Nuevo Horizonte, S.E. and Don Jacinto Development Corp.;

c. All efforts made to develop the Villas de Nuevo Horizonte housing development;

d. The $100,000.00 deposit given by Creditor Ángel Luís Pedrosa- Berríos, which were deposited in his checking account.

16. Due to the fact that Creditor Ángel Luís Pedrosa-Berríos never dealt with

codefendant Nuevo Horizonte, S.E. and the other codefendants are in default, debtor

Ricardo Rivera Colón is the only material witness available to testify at Trial.

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17. Hence, Creditor Ángel Luís Pedrosa-Berríos respectfully request from this

Honorable Court to enter an Order, pursuant to 11 U.S.C. § 362 (d)(1) to modify the

stay in the instant case to allow the Local Court to continue with the Trial on Case

No. K AC2007-3370 (807); providing that no attempt will be made to try to enforce a

judgment against the above captioned debtors and/or any property of the estate.

18. In the unlikely event that the real estate property already garnished does

not cover the judgment that may be awarded to Creditor Ángel Luís Pedrosa-Berríos,

any remaining balance would be claimed as an unsecured debt in the instant case.

19. No hardship or undue prejudice will be impose on the above captioned

debtor by allowing them to testify at the Trial on Case No. K AC2007-3370 (807),

since all the pre-trial proceedings have been completed and the case is ready for trial

and their testimony is expected to last no more than two (2) hours.

SERVICEMEMBER CERTIFICATION

20. As verified by the Chapter 13 Trustee appointed to the instant case on

January 12, 2010, neither one of the above captioned debtors are servicemembers

in any of the Military Branches of The United States of America (Docket No. 14).

REQUEST FOR RELIEF

WHEREFORE, the Movant, Ángel Luís Pedrosa-Berríos, respectfully request

from this Honorable Court to lift the stay in the instant case in favor of the Movant, for

the sole purpose of allowing the Local Court continue the Trial on Case No. K

AC2007-3370 (807), providing that if a judgment is awarded to Mr. Pedrosa-Berríos,

no efforts whatsoever will be made to try to enforce said judgment against debtors

Ricardo Rivera Colón, Provi Vizacarrondo González and/or any property of the

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estate.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing document was filed with the Clerk

of the Court using the CM/ECF System which will send a notification of such

filing to Alejandro Oliveras, the Chapter 13 Trustee appointed to the instant case, the

debtor’s attorney and to all other parties on record. I further certify

that a copy of the foregoing document was sent via U.S.P.S. Certified Mail to the

above captioned debtors and by Regular Mail to all non CM/ECF participants,

creditors and other parties in interest as per the Master Address List.

In San Juan, Puerto Rico this 8th day of February 2010.

S/Héctor Eduardo Pedrosa Luna ________________________________ Héctor Eduardo Pedrosa-Luna, Esq.

USDC-PR No. 223202 P.O. Box 9023963

San Juan, PR 00902-3963 787-920-7983 787-764-7511 hectorpedrosa@gmail.com