Rosamar García-Fontán

Counsel, Litigation Practice Group
787.250.5612 | rgf@mcvpr.com

Biography

Her practice focuses primarily on matters pertaining to Bankruptcy Law and creditor’s rights, representing secured and unsecured creditors in commercial and personal bankruptcy proceedings. Because of her substantial bankruptcy experience, she is member of the Firm’s PROMESA Task Force.

She works with clients to provide strategic legal advice at every stage of the Bankruptcy proceedings in the Bankruptcy Court for the District of Puerto Rico and before the Bankruptcy Appellate Panel for the First Circuit. She has represented secured and unsecured creditors in commercial and personal bankruptcy proceedings, mainly financial institutions and mortgage lenders such as Banco Popular de Puerto Rico, Rushmore Loan Management Services, Doral Bank, Oriental Bank, and Scotiabank of Puerto Rico.

Prior to joining McConnell Valdés, Mrs. García-Fontán was a member of a major San Juan law firm. She also worked with a Chapter 13 Trustee, where she reviewed and evaluated a caseload of approximately three thousand cases to determine compliance with Bankruptcy Code and other applicable laws. She also worked as In-House Counsel for  the Workout and Bankruptcy Unit of one of Puerto Rico's top financial institutions.

Ms. García-Fontán regularly serves as speaker in Bankruptcy seminars and as Guest Lecturer at Law School courses. In one of her latest seminars, the American Bankruptcy Institute’s 2016 Caribbean Insolvency Symposium, she participated in a panel which was comprised, among others, by the two current Chapter 13 Trustees in the Island. In the first English compilation of the Puerto Rico Bar Association’s Law Journal which was dedicated exclusively to the discussion of Bankruptcy Law, she published the article titled “Considerations for Mortgage Creditors in Chapter 13 cases”. This task was organized by the Bankruptcy Commission of the Puerto Rico Bar Association, of which she is also a member.

Representative Cases

  • Cox Santiago v. Rushmore Loan Management Services (In re Cox Santiago), 2016 Bankr. LEXIS 309. In this case, Plaintiff alleged that the financial institution’s proof of claim was untimely filed and that the mortgage note was null for failure to comply with the Puerto Rico Notarial Law, in an attempt to avoid Defendant’s lien. The Bankruptcy Court granted Rushmore’s request for dismissal for Plaintiff’s failure to state a claim and concluded that the proof of claim was timely filed and that the Notary Public fully complied with Article 57 of the Notarial Law. In the context of adversary proceedings, the case was selected for discussion by Honorable Judge Edward A. Godoy as one of the “Case Law-Recent Developments in Consumer Cases” of the 2017 Bankruptcy Seminar hosted by the Bankruptcy Commission of the Puerto Rico Bar Association. 
  • Successfully litigated and argued before the Bankruptcy Appellate Panel for the First Circuit the case of In re Sepúlveda Soto, 491 B.R. 307 (1st BAP 2013), which was among the cases selected and outlined for discussion at the 2013 National Association of Chapter 13 Trustees (NACTT) conference held in New York City. In re Sepúlveda Soto is among the few cases where the Bankruptcy Panel for the First Circuit has addressed the issue of the automatic dismissal pursuant to section 521 of the Bankruptcy Code, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
  • Represented mortgage lenders and financial institutions such as Rushmore Loan Management Services and Oriental Bank in contested state court hearings regarding foreclosure proceeding.

Practices

News & Publications

News

Bar Admissions

Education

B.A., Summa Cum Laude, University of Puerto Rico

J.D., University of Puerto Rico School of Law

Memberships

Puerto Rico Bar Association

American Bankruptcy Institute

International Women’s Insolvency & Restructuring Confederation

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