Oriental Bank v. Builders Holding Co., Corp., No. 21-1299 (1st Cir. 2022)Annotate this Case
In this bankruptcy action, the First Circuit vacated the judgment of the district court affirming the order of the bankruptcy court granting summary judgment against Oriental Bank on all of the claims asserted against it, holding that remand was required for further proceedings in which remaining issues could be addressed.
Builders Holding Company filed for bankruptcy and then filed an adverse action against the Puerto Rico Infrastructure Financing Authority and Oriental Bank. Builders's surety intervened in the adverse action and filed claims against Oriental Bank. Oriental Bank, in turn, filed counterclaims. All claims in the adverse action pertained to funds that the Financing Authority had directly deposited in Builder's account with Oriental Bank that the bank had taken to set off a debt that Builders owed to it. The bankruptcy court granted summary judgment against Oriental Bank on all claims against it, and the district court affirmed. The First Circuit vacated and remanded the summary judgment against Oriental Bank as to all claims, holding that the bankruptcy court was wrong to find that Article 1795 of the Puerto Rico Civil Code compelled the return of funds Oriental Bank set off against Builders's debt to it.