- Thus, when the debtor failed to timely redeem
- Thus, when the debtor failed to timely redeem
- Thus, when the debtor failed to timely redeem the pledged vehicle under the Puerto Rico pawn law, the creditor La Familia Pawn became the owner of the vehicle, and the debtor could not modify La Familia Pawn's redemption rights under 11 U.S.C. Section 1322(b)(2) of the Bankruptcy Code.
- The court followed precedent that property interests are defined by state law, which provides that ownership rights are automatically extinguished upon failure to timely exercise redemption rights under a pawn contract.
- This decision was based on the interpretation of the relevant Puerto
Rico law and the application of bankruptcy law provisions, particularly 11 U.S.C. § 362(a) and § 541(b)(8), and the court's analysis of precedents like In re Northington and In re Womack.
- The court determined that the automatic extinguishment of ownership rights upon failure to timely exercise redemption rights under a pawn contract was governed by Puerto Rico law, which the court followed.
- As stated, the debtor filed for bankruptcy on January 24, 2023, that is, after the loan’s extended maturity period and prior to the expiration of the 30-day redemption period.
- This court finds that Section 362(a) does not freeze an unexpired state-law redemption period.
- Thus, the 30-day redemption period lapsed on March 20, 2023. Upon debtor’s failure to timely redeem the pledged property, La Familia Pawn becomes the owner of the Vehicle, and the debtor cannot modify La Familia Pawn’s redemption rights under 11 U.S.C. § 1322(b)(2).