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SOTO-RIOS v. BANCO POPULAR DE PUERTO RICO

No. 10-2270.

662 F.3d 112 (2011)

Luis A. SOTO-RIOS; Brenda Tosado-Arbelo, Plaintiffs, Appellants, v. BANCO POPULAR DE PUERTO RICO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Isabel M. Fullana , with whom Garcia-Arregui & Fullana, P.S.C. was on brief, for appellants.

Lucas A. Cordova-Ayuso , with whom Patrick D. O'Neill and O'Neill & Gilomore, P.S.C. were on brief, for appellee.

Before LIPEZ, RIPPLE, and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

Luis Soto-Rios and Brenda Tosado-Arbelo ("debtors") filed for bankruptcy under Chapter 11, years after they had executed three mortgage deeds in favor of Banco Popular de Puerto Rico. In the midst of the bankruptcy proceedings, the debtors sought to avoid the mortgages, and to prevent any post-petition actions that would perfect them. See 11 U.S.C. §§ 362(a), 544(a), 547(b). On summary judgment, the bankruptcy court rejected...

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