3RD MILLENNIUM SURGERY CENTER LLC
Debtor: 3rd Millennium Surgery Center, LLC and 3RD MILLENNIUM SURGERY CENTER LLC
Us Trustee: MONSITA LECAROZ ARRIBAS and US TRUSTEE
Case Number: 3:2023bk01737
Filed: June 6, 2023
Court: U.S. Bankruptcy Court for the District of Puerto Rico
Presiding Judge: EDWARD A GODOY
Nature of Suit: Other
Docket Report

This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2023 Filing 58 Certificate of service (RE: related document(s)#56) Notice Date 08/03/2023. (Admin.)
August 1, 2023 Filing 57 PDF with attached Audio File. Court Date & Time [08/01/2023 09:30:19 AM]. File Size [ 6005 KB ]. Run Time [ 00:25:27 ]. (admin).
August 1, 2023 Filing 56 Minute of hearing to consider Motion to dismiss case pursuant to 11 U.S.C. SEC. 1112(b) with bar to refile filed by PR Convention Center District Authority (docket #13): Upon the examination of the exhibits submitted and testimony of the witnesses, the following Opinion and Order was read for the record dismissing the instant case: OPINION AND ORDER: Conclusion: Based on the foregoing, and considering the totality of the circumstances, this court concludes that dismissal of this bankruptcy case and its related adversary proceeding, without prejudice, is warranted and mandated pursuant to 11 U.S.C. 1112(b)(4). In the alternative, dismissal is warranted under the abstention provisions of section 305. Therefore, Movant's Motion to Dismiss, at docket number 15, is hereby granted and this bankruptcy case and its related adversary proceeding are dismissed without prejudice. [See PDF form for more details]. Order due by 8/15/2023. (RE: related document(s)#13). Signed on 8/1/2023.(FIGUEROA, CARMEN)
July 27, 2023 Filing 55 Reply to Motion in Compliance with Order and Supplement to Oral Argument, in Compliance with Court Order Filed by Gilberto Julian Oliveras Maldonado on behalf of PUERTO RICO CONVENTION CENTER DISTRICT AUTHORITY (RE: related document(s)#54). (Attachments: #1 Exhibit Purchase and Sale Agreement)(Oliveras Maldonado, Gilberto)
July 24, 2023 Filing 54 Motion in Compliance with Order (RE: related document(s)#51). Filed by RAFAEL A GONZALEZ VALIENTE on behalf of 3RD MILLENNIUM SURGERY CENTER LLC (GONZALEZ VALIENTE, RAFAEL)
July 19, 2023 Filing 53 Certificate of service (RE: related document(s)#51) Notice Date 07/19/2023. (Admin.)
July 17, 2023 Filing 52 PDF with attached Audio File. Court Date & Time [07/17/2023 09:02:22 AM]. File Size [ 70496 KB ]. Run Time [ 02:03:41 ]. (admin).
July 17, 2023 Filing 51 Minutes of Proceedings: Before hearing from the parties regarding the motion to dismiss under Section 1112 (b) filed by the Puerto Rico Convention Center District Authority ("the Authority"), attorney Gonzalez Valiente proffered jurisdictional concerns regarding the Authoritys standing regarding the lease, as he had learned that the lots subject to the lease had been sold. Attorney Oliveras clarified that the sale and purchase deed had not been executed, pending the resolution of the matter regarding the lease which is registered in the Property Registry. The court noted that the debtor had not filed an application for employment of attorney. The court clarified that the issue of whether the contract was validly terminated or not is the matter being litigated in the adversary proceeding. No motion for the assumption of the contract has been filed. The debtor indicated that it will file a motion to assume the contract within seven (7) days. The Court would be consolidating this matter with the adversary proceeding. The court heard initial arguments from the parties in support and against the motion to dismiss. The Authority presented the testimony of an attorney and employee of the Authority, Noema Giralt Armada. Ms. Giralt testified as to the proceedings and requirements necessary to execute and maintain a government contract. She also testified about the execution of the lease agreement with 3rd Millennium. Mr. Hector Lopez Quinones testified on behalf of the debtor. Mr. Lopez testified that the bankruptcy petition was filed to get new financing and/or investors and for the debtor to be in a better position to reorganize its finances. The following joint exhibits where admitted: Exhibit 1. Ground Lease and Development Agreement dated November 4, 2016. Exhibit 2. Debtors Schedules. Exhibit 3. Debtors Statement of Financial Affairs. Exhibit 4. Letter from Noelia Garca-Bardales, Deputy Executive Director of the Puerto Rico Convention Center District Authority, to Hctor Lpez-Quiones, Manager of 3rd Millennium Surgery Center, LLC (July 11, 2018). Exhibit 5. Complaint for Declaratory Judgment filed by the Authority in the Superior Court of San Juan, in order to correct the Property Register. Exhibit 6. Letter issued by the Authority on November 7, 2019. Exhibit 7. Certificate of Corporate Resolution No. 2019-08 of the Governing Board of the Puerto Rico Convention Center District Authority (Mar. 14, 2019). Exhibit 8. Certificate of Corporate Resolution No. 2019-19 of the Governing Board of the Puerto Rico Convention Center District Authority (Oct. 17, 2019). Exhibits from debtor: Exhibit A: Pictures of Parcels E1 and E2. Exhibits B: Amended Schedules A/B and E/F. ORDER: Upon the closing arguments presented by the parties, the Court continued the hearing for August 1, 2023, at 9:30 a.m. to render a decision on the merits in Open Court. The debtor is granted until July 24, 2023, to file a supplement as to whether a property can be transferred without a deed. Thereafter, the Authority is granted until July 27, 2023, to reply. Order due by 7/24/2023. (BORREGO, MARTA)
July 17, 2023 Filing 50 Motion to inform Additional Exhibits to Pre-Trial Report (RE: related document(s)#32, #43, #47). (Attachments: #1 Exhibit 12 #2 Exhibit 13) Filed by RAFAEL A GONZALEZ VALIENTE on behalf of 3RD MILLENNIUM SURGERY CENTER LLC (GONZALEZ VALIENTE, RAFAEL)
July 14, 2023 Filing 49 Certificate of service (RE: related document(s)#42) Notice Date 07/14/2023. (Admin.)
July 14, 2023 Filing 48 Notice of appearance and request for notice filed by Gerardo Jose Cruz-Ortiz on behalf of 3RD MILLENNIUM SURGERY CENTER LLC. (Cruz-Ortiz, Gerardo)
July 14, 2023 Filing 47 Motion to inform Exhibits to Joint Pre-Trial Report (RE: related document(s)#43). (Attachments: #1 Exhibit 1 #2 Exhibit 2 #3 Exhibit 3 #4 Exhibit 4 #5 Exhibit 5 #6 Exhibit 6 #7 Exhibit 7 #8 Exhibit 8 #9 Exhibit 9 #10 Exhibit 10 #11 Exhibit 11) Filed by RAFAEL A GONZALEZ VALIENTE on behalf of 3RD MILLENNIUM SURGERY CENTER LLC (GONZALEZ VALIENTE, RAFAEL)
July 14, 2023 Filing 46 Motion to inform Amended Schedules A/B and E/F. (Attachments: #1 Schedule A/B & E/F) Filed by RAFAEL A GONZALEZ VALIENTE on behalf of 3RD MILLENNIUM SURGERY CENTER LLC (GONZALEZ VALIENTE, RAFAEL)
July 13, 2023 Filing 45 Certificate of service (RE: related document(s)#40) Notice Date 07/13/2023. (Admin.)
July 13, 2023 Filing 44 Motion to inform the Authority's Exhibits (RE: related document(s)#42, #43). (Attachments: #1 Exhibit Exhibit A - 3rd Millennium Surgery Center, LLC, et al. v. Hospital Espaol Auxilio Mutuo de Puerto Rico, Inc., KLRA201700299 KLRA201700300, 2017 WL 3902987 (2017). #2 Exhibit Exhibit B Notarial Act to Attest the By Default Termination of the Ground Lease and Development Agreement Parcels E One (E1) & E Two (E2) of the Puerto Rico Convention Center District, dated June 8th, 2022.) Filed by Gilberto Julian Oliveras Maldonado on behalf of PUERTO RICO CONVENTION CENTER DISTRICT AUTHORITY (Oliveras Maldonado, Gilberto)
July 13, 2023 Filing 43 Pretrial Report for Hearing on Motion to Dismiss to be held on 7/17/23 (RE: related document(s)#15, #29, #32, #42). (Attachments: #1 Exhibit Exhibit I - Ground Lease and Development Agreement dated November 4, 2016. #2 Exhibit Exhibit II Debtors Schedules and Exhibit III Debtors Statement of Financial Affairs #3 Exhibit Exhibit IV Letter from Noelia Garca-Bardales, Deputy Executive Director of the Puerto Rico Convention Center District Authority, to Hctor Lpez-Quiones, Manager of 3rd Millennium Surgery Center, LLC (July 11, 2018) #4 Exhibit Exhibit V Complaint for Declaratory Judgment filed by the Authority in the Superior Court of San Juan, in order to correct the Property Register #5 Exhibit Exhibit VI Letter issued by the Authority on November 7, 2019. #6 Exhibit Exhibit VII Certificate of Corporate Resolution No. 2019-08 of the Governing Board of the Puerto Rico Convention Center District Authority (Mar. 14, 2019). #7 Exhibit Exhibit VIII Certificate of Corporate Resolution No. 2019-19 of the Governing Board of the Puerto Rico Convention Center District Authority (Oct. 17, 2019).) Filed by RAFAEL A GONZALEZ VALIENTE, Gilberto Julian Oliveras Maldonado on behalf of 3RD MILLENNIUM SURGERY CENTER LLC, PUERTO RICO CONVENTION CENTER DISTRICT AUTHORITY (Oliveras Maldonado, Gilberto)
July 12, 2023 Opinion or Order Filing 42 ORDER: The motion filed by the debtor requesting extension of time to file Joint Pre-Hearing Report (docket #41) is hereby granted. Order due by 7/13/2023. (RE: related document(s)#41). Signed on 7/12/2023.(BORREGO, MARTA)
July 12, 2023 Filing 41 Motion requesting extension of time( 1 days) to feli the Pre- Hearing Report. (related document(s):#32) filed by RAFAEL A GONZALEZ VALIENTE on behalf of 3RD MILLENNIUM SURGERY CENTER LLC [GONZALEZ VALIENTE, RAFAEL]
July 11, 2023 Opinion or Order Filing 40 ORDER: The motion filed by the Puerto Rico Convention Center District Authority requesting leave to file reply to 3rd Millenium Surgery Center LLC's response in opposition to motion to dismiss (docket #38) is hereby granted. (RE: related document(s)#38). Signed on 7/11/2023.(BORREGO, MARTA)
July 10, 2023 Filing 39 Reply to Opposition to Motion to Dismiss Filed by Gilberto Julian Oliveras Maldonado on behalf of PUERTO RICO CONVENTION CENTER DISTRICT AUTHORITY (RE: related document(s)#34). (Oliveras Maldonado, Gilberto)
July 10, 2023 Filing 38 Motion for Leave to File Reply to Opposition to Motion to Dismiss filed by Gilberto Julian Oliveras Maldonado on behalf of PUERTO RICO CONVENTION CENTER DISTRICT AUTHORITY [Oliveras Maldonado, Gilberto]
July 9, 2023 Filing 37 Certificate of service (RE: related document(s)#32) Notice Date 07/09/2023. (Admin.)
July 8, 2023 Filing 36 Certificate of service (RE: related document(s)#29) Notice Date 07/08/2023. (Admin.)
July 7, 2023 Filing 35 Certificate of service (RE: related document(s)#27) Notice Date 07/07/2023. (Admin.)
July 7, 2023 Filing 34 Opposition to Motion to Dismiss Filed by RAFAEL A GONZALEZ VALIENTE on behalf of 3RD MILLENNIUM SURGERY CENTER LLC (RE: related document(s)#13). (GONZALEZ VALIENTE, RAFAEL)
July 7, 2023 Filing 33 Minutes of 341 meeting closed. filed by JOSE CAPO-IRIARTE on behalf of US TRUSTEE (CAPO-IRIARTE, JOSE)
July 7, 2023 Opinion or Order Filing 32 ORDER: Debtor's Motion Requesting Continuance of Hearing on Motion to Dismiss filed on July 6, 2023, Docket No. 30, is partially granted. The Motion to Dismiss was filed on June 15, 2023. See docket number 13. Therefore, the statutory requirement to hold hearing within thirty (30) days is due by July 17, 2023. See Fed. R. Bankr. P. 9006(a)(2)(C). The hearing is rescheduled for July 17, 2023, at 9:00 A.M. before the undersigned, via Microsoft Teams Video & Audio Conferencing. All parties that wish to appear at the Microsoft Teams hearing must familiarize themselves and follow the Procedures for Remote Appearances as per Notice 22-29 In Re: Amended Procedures for Remote Appearances, found on the homepage of our Website at https:\\www.prb.uscourts.gov. The parties will meet and will file a report five (5) days prior to the hearing. Due by July 12, 2023. (RE: related document(s)#30). Signed on 7/7/2023.(BORREGO, MARTA)
July 6, 2023 Filing 31 Opposition to Motion Requesting Continuance of Hearing on Motion to Dismiss Filed by Gilberto Julian Oliveras Maldonado on behalf of PUERTO RICO CONVENTION CENTER DISTRICT AUTHORITY (RE: related document(s)#30). (Oliveras Maldonado, Gilberto)
July 6, 2023 Filing 30 Motion requesting continuance of hearing scheduled for July 12, 2023 (related document(s):#15) filed by RAFAEL A GONZALEZ VALIENTE on behalf of 3RD MILLENNIUM SURGERY CENTER LLC [GONZALEZ VALIENTE, RAFAEL]
July 6, 2023 Opinion or Order Filing 29 ORDER: The motion filed by the Puerto Rico Convention Center District Authority requesting extension of time to file hearing report (docket #28) is hereby granted. Order due by July 11, 2023 at NOON. (RE: related document(s)#28). Signed on 7/6/2023.(BORREGO, MARTA)
July 5, 2023 Filing 28 Motion requesting extension of time( 6 days) File Hearing Report. (related document(s):#15) filed by Gilberto Julian Oliveras Maldonado on behalf of PUERTO RICO CONVENTION CENTER DISTRICT AUTHORITY [Oliveras Maldonado, Gilberto]
July 5, 2023 Opinion or Order Filing 27 ORDER: The motion filed by the debtor requesting extension of time file opposition to the motion to dismiss (docket #25) is hereby granted, but limited to one additional day, due on July 7, 2023. Order due by 7/7/2023. (RE: related document(s)#25). Signed on 7/5/2023.(BORREGO, MARTA)
July 4, 2023 Filing 26 Opposition to Second Request for Extension of Time Filed by Gilberto Julian Oliveras Maldonado on behalf of PUERTO RICO CONVENTION CENTER DISTRICT AUTHORITY (RE: related document(s)#25). (Oliveras Maldonado, Gilberto)
July 3, 2023 Filing 25 Motion requesting extension of time( 2 days) to file opposition to Motion to Dismiss. (related document(s):#13, #21, #22) filed by RAFAEL A GONZALEZ VALIENTE on behalf of 3RD MILLENNIUM SURGERY CENTER LLC [GONZALEZ VALIENTE, RAFAEL]
June 30, 2023 Filing 24 Certificate of service (RE: related document(s)#22) Notice Date 06/30/2023. (Admin.)
June 29, 2023 Filing 23 Certificate of service (RE: related document(s)#20). Filed by RAFAEL A GONZALEZ VALIENTE on behalf of 3RD MILLENNIUM SURGERY CENTER LLC (GONZALEZ VALIENTE, RAFAEL)
June 28, 2023 Opinion or Order Filing 22 ORDER: The motion filed by the debtor requesting extension of time to answer motion to dismiss at docket #13 (docket #21) is hereby granted. Order due by 7/6/2023. (RE: related document(s)#13, #21). Signed on 6/28/2023.(BORREGO, MARTA)
June 27, 2023 Filing 21 Motion requesting extension of time( 7 days) to Oppose to Motion to Dismiss. (related document(s):#13) filed by RAFAEL A GONZALEZ VALIENTE on behalf of 3RD MILLENNIUM SURGERY CENTER LLC [GONZALEZ VALIENTE, RAFAEL]
June 22, 2023 Filing 20 Notice of 341 meeting reset/continued for July 7, 2023 @11:00am filed by RAFAEL A GONZALEZ VALIENTE on behalf of 3RD MILLENNIUM SURGERY CENTER LLC. 341(a) meeting to be held on 7/7/2023 at 11:00 AM via Zoom Video & Audio Conferencing and/or Telephonic Hearings. (GONZALEZ VALIENTE, RAFAEL)
June 20, 2023 Filing 19 Motion in Compliance with Order (RE: related document(s)#11). Filed by Lee R Sepulvado Ramos on behalf of 3RD MILLENNIUM SURGERY CENTER LLC (Sepulvado Ramos, Lee)
June 18, 2023 Filing 18 Certificate of service (RE: related document(s)#16) Notice Date 06/18/2023. (Admin.)
June 18, 2023 Filing 17 Certificate of service (RE: related document(s)#15) Notice Date 06/18/2023. (Admin.)
June 16, 2023 Opinion or Order Filing 16 ORDER: The motion filed by Puerto Rico Convention Center District Authority requesting leave to file document in the Spanish language (docket #14) is hereby granted. (RE: related document(s)#14). Signed on 6/16/2023.(BORREGO, MARTA)
June 16, 2023 Opinion or Order Filing 15 ORDER AND NOTICE TO CONSIDER: Motion to Dismiss with Bar to Re-File. Hearing scheduled 7/12/2023 at 01:30 PM at Microsoft Teams Video & Audio Conferencing and/or Telephonic Hearings. (RE: related document(s)#13). Signed on 6/16/2023.(BORREGO, MARTA)
June 15, 2023 Filing 14 Motion for Leave to File Document in the Spanish Language filed by Gilberto Julian Oliveras Maldonado on behalf of PUERTO RICO CONVENTION CENTER DISTRICT AUTHORITY [Oliveras Maldonado, Gilberto]
June 15, 2023 Filing 13 Motion to Dismiss Case with Bar to re-file (1414 day objection language) with Declaration Under Servicemember Civil Relief Act of 2003,, Motion to dismiss case pursuant to 11 U.S.C. sec. 1112(b) (1414 day objection language) (Attachments: #1 Exhibit Letter of November 7, 2019 #2 Exhibit State Court Complaint) filed by Gilberto Julian Oliveras Maldonado on behalf of PUERTO RICO CONVENTION CENTER DISTRICT AUTHORITY [Oliveras Maldonado, Gilberto]
June 14, 2023 Filing 12 Certificate of service (RE: related document(s)#11) Notice Date 06/14/2023. (Admin.)
June 12, 2023 Opinion or Order Filing 11 ORDER: Movant shall comply with LBR 9027-1(b) within seven (7) days. Order due by 6/20/2023. (RE: related document(s)#7). Signed on 6/12/2023.(BORREGO, MARTA)
June 9, 2023 Filing 10 Certificate of service (RE: related document(s)#5) Notice Date 06/09/2023. (Admin.)
June 9, 2023 Filing 9 Certificate of service (RE: related document(s)#3) Notice Date 06/09/2023. (Admin.)
June 9, 2023 Filing 8 Certificate of service (RE: related document(s)#4) Notice Date 06/09/2023. (Admin.)
June 9, 2023 Filing 7 Adversary case 23-00041. 91 (Declaratory judgment): Complaint by 3rd Millennium Surgery Center, LLC against 3rd Millennium Surgery Center, LLC. Fee Amount $350 (Attachments: #1 Exhibit Court of First Instance Record #2 Exhibit Adversary Proceeding Cover Sheet) (COURET FUENTES, ALBENIZ)
June 8, 2023 Filing 6 Master Address List UpLoaded (RE: related document(s)#3) (ROMO, JOSE)
June 7, 2023 Opinion or Order Filing 5 ORDER SETTING STATUS CONFERENCE: Hearing scheduled 8/16/2023 at 01:30 PM at Microsoft Teams Video & Audio Conferencing and/or Telephonic Hearings. Signed on 6/7/2023.(BORREGO, MARTA)
June 7, 2023 Filing 4 Notice to creditors: 341(a) meeting to be held on 7/7/2023 at 11:00 AM via Telephonic Conference Information for AUST/Trial Attys. Last day to oppose discharge or dischargeability is 9/5/2023. Proofs of Claim due by 10/5/2023. Government Proofs of Claim due by 12/4/2023. (REYES TORO, WILLIAM)
June 7, 2023 Filing 3 NOTICE OF DEFICIENT FILING AND NOTICE OF POSSIBLE DISMISSAL FOR FAILURE TO SUBMIT THE FOLLOWING DOCUMENT(S):Creditor Mailing Matrix not uploaded into CM/ECF system (RE: related document(s)#1) (ROMO, JOSE)
June 6, 2023 Filing 2 Receipt of Voluntary Petition Chapter 11(# 23-01737-11) [misc,volp11] (1738.00) filing fee. Receipt number A16289256, amount $1738.00. (RE: related document(s) #1) (U.S. Treasury)
June 6, 2023 Filing 1 Voluntary petition under chapter 11 Non-Individual With Schedules, With Statement of Financial Affairs, With Corporate Resolution, With List of creditors. List of Creditors Holding 20 Largest Unsecured Claims. Attorney Statement of Compensation $4000 Fee Amount $1738 Chapter 11 plan due by 10/4/2023. Disclosure Statement due by 10/4/2023.. Filed by RAFAEL A GONZALEZ VALIENTE on behalf of 3rd Millennium Surgery Center, LLC (GONZALEZ VALIENTE, RAFAEL)

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Debtor: 3rd Millennium Surgery Center, LLC
Represented By: RAFAEL A GONZALEZ VALIENTE
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Debtor: 3RD MILLENNIUM SURGERY CENTER LLC
Represented By: Gerardo Jose Cruz-Ortiz
Represented By: RAFAEL A GONZALEZ VALIENTE
Represented By: Lee R Sepulvado Ramos
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Us trustee: MONSITA LECAROZ ARRIBAS
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Us trustee: US TRUSTEE
Represented By: JOSE CAPO-IRIARTE
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