IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF PUERTO RICO

IN RE: RICARDO RIVERA COLON PROVI VIZCARRONDO GONZALEZ DEBTORS ANGEL LUIS PEDROSA BERRIOS Movant Vs. RICARDO RIVERA COLON PROVI VIZCARRONDO GONZALEZ Debtors ALEJANDRO OLIVERAS RIVERA Trustee 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 ngel Lus Pedrosa-Berros, 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 ngel Lus Pedrosa-Berros. 1

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 ngel Lus Pedrosa-Berros filed a complaint for breach of contract and collection of moneys against Don Jacinto Development Corp.; Nuevo Horizonte, S.E.; Lus ngel Bnitez lvarez; Laura Mercedes Quines Navarro; Ricardo Rivera Coln and his wife Provi Vizacarrondo Gonzlez. 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 Coln operated said development in his personal capacity, as Ricardo Rivera Coln 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.

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 ngel LusPedrosa-Berros 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 Coln. 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 ngel Lus Pedrosa-Berros 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). Its 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 ngel Lus Pedrosa-Berros. Hence, Mr. Pedrosa-Berris 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

expressed that debtor Ricardo Rivera Coln 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 Coln 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 ngel Lus PedrosaBerros, which were deposited in his checking account. 16. Due to the fact that Creditor ngel Lus Pedrosa-Berros never dealt with codefendant Nuevo Horizonte, S.E. and the other codefendants are in default, debtor Ricardo Rivera Coln is the only material witness available to testify at Trial.

17. Hence, Creditor ngel Lus Pedrosa-Berros 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 ngel Lus Pedrosa-Berros, 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, ngel Lus Pedrosa-Berros, 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-Berros, no efforts whatsoever will be made to try to enforce said judgment against debtors Ricardo Rivera Coln, Provi Vizacarrondo Gonzlez and/or any property of the

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 debtors 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/Hctor Eduardo Pedrosa Luna ________________________________ Hctor 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