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15-3837 - THE HORNED DORSET PRIMAVERA INC


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15-3837 - THE HORNED DORSET PRIMAVERA INC
January 19, 2018
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OPINION AND ORDER Dated 1/19/2018: Conclusion: For the reasons herein, the Debtors Objection to Claim No. 4 Filed by the Puerto Rico Tourism Company is denied. The court concludes that the Final Agreement is governed by the IRC PR 1994, as amended, and Regulation 6549, which applies particularly to written payment agreements pursuant to Section 6127 of the IRC PR 1994, as amended.As stated above, the court also concludes that the Debtor waived the prescriptive term for collection of this particular debt pursuant to the Final Agreement, Section 6127 of the PR IRC 1994 and Section 6127-1(d)(3) of Regulation 6549. Thus, PRTC is not barred from collecting the amount of $228,072.47. Moreover, the PRTCs claim for principal, interest and surcharges from March 2004 through February 2009 and the amounts subsequent to that date are not time barred. Consequently, the PRTCs claim is a priority claim in the amount of $1,113,173.47 (principal and interests) pursuant to 11 U.S.C. ยง507(a)(8), and the remainder $95,316 for surcharges is a general unsecured claim.SO ORDERED. Signed on 1/19/2018. (RE: related document(s)174, 253, 272, 289, 298, ).(ZAYAS BUJOUVEN, DARHMA)