Case:17-04156-ESL11 Doc#:74 Filed:08/03/17 Entered:08/03/17 18:51:45 Desc: Main Document Page 1 of 20 IN THE UNITED STATES BANKRUPTCY COURT FORT THE DISTRICT OF PUERTO RICO In re: BETTEROADS ASPHALT, LLC. Debtor In re: BETTERECYCLING CORPORATION Debtor Case No. 17-04156(ESL) Chapter 11 Case No. 17-04157(ESL) Chapter 11 OPPOSITION TO MOTION TO DISMISS TO THE HONORABLECOURT: COME NOW, Firstbank Puerto Rico ("Firstbank"), Banco Santander de Puerto Rico ("Banco Santander"), the Economic Development Bank for Puerto Rico ("EDB"), and Banco Popular de Puerto Rico ("Banco Popular" or the "Administrative Agent" and collectively with Firstbank, Banco Santander and EDB, the "Lenders") through their undersigned counsel and respectfully file this Opposition (the "Opposition") to the Motion to Dismiss (the "Motion to Dismiss") filed by Betteroads Asphalt, LLC ("Betteroads") and Betterecycling Corporation ("Betterecycling") (collectively the "Debtors"). PRELIMINARY STATEMENT As set forth more fully below, the Motion to Dismiss should be denied because it fails to contest the validity of the involuntary petitions against each of the Debtors commenced by the Petitioning Creditors (defined below). The Motion to Dismiss requests that the involuntary petitions be dismissed solely on the following grounds: (a) the Lenders' claims under the syndicated credit facilities are subject to a bona fide dispute; (b) Sargeant Marine Inc. and EFTA00807038