May 01, 2019
Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules
Even if a debtor has committed fraud, at least three creditors still must join an involuntary petition if the debtor has 12 or more creditors.
1st CircuitMarch 29, 2019
Puerto Rico Bondholders Can’t Compel Payment During Bankruptcy, First Circuit Says
First Circuit interprets chapter 9 and PROMESA to permit but not compel payments to special revenue bondholders during debt arrangement proceedings.
1st CircuitMarch 28, 2019
Circuit Upholds Dismissal of Suits to Restrict Puerto Rico’s Use of Tax Revenue
First Circuit bars use of declaratory judgments restricting Puerto Rico’s use of tax revenues.
1st CircuitMarch 25, 2019
Automatic Stay Applies to ‘Ordinary Course’ Litigation in Puerto Rico, Circuit Holds
First Circuit finds no exceptions to the automatic stay under PROMESA subjecting Puerto Rico to ‘ordinary course’ litigation.
1st CircuitFebruary 18, 2019
First Circuit Cans the Puerto Rico Oversight Board as Unconstitutionally Appointed
The appeals court is attempting to avoid chaos despite ruling that the appointment of Puerto Rico Oversight Board members violated the Appointments Clause of the Constitution.
1st CircuitFebruary 01, 2019
Puerto Rico Retirement System Bondholders Win Their Security Interest Back
First Circuit reverses, upholding the validity of bondholders’ security interests in $2.9 billion of collateral.
1st CircuitDecember 14, 2018
First Circuit Terminates the Stay Entirely as to Repeat Filers
In the first opinion at the circuit level, the First Circuit latches onto the lousy drafting of Section 362(c)(3)(A) to end the automatic stay entirely, 30 days after the second filing within a year.
1st CircuitOctober 15, 2018
Chapter 13 Can Cure a Home Mortgage Default Even After a Foreclosure Auction
Section 1322(c) allows a debtor to cure a mortgage default so long as the foreclosure deed was not recorded before bankruptcy.
1st Circuit, New HampshireSeptember 24, 2018
Chapter 7 Trustee Is Paid in a Case Converted to Chapter 13
Courts split on allowing compensation to a chapter 7 trustee when the case is converted to chapter 13 before distributions were made.
1st Circuit, MassachusettsSeptember 07, 2018
Avoiding Powers Under PROMESA May Be Applied Retroactively
Defining collateral by reference in a UCC-1 is held invalid in Puerto Rico’s bankruptcy.
1st Circuit, Puerto Rico