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October 24, 2024
On Conversion to ‘7,’ Admin Expenses in ‘13’ Must Be Paid, Harris Notwithstanding
When chapter 13 cases are converted to chapter 7 before confirmation, bankruptcy courts are split on whether the broad language in Harris v. Viegelahn bars chapter 13 trustees from paying administrative expenses incurred before conversion.
1st Circuit
,
Puerto Rico
July 23, 2021
Puerto Rico Case and the Efficacy of Prof. Westbrook’s Definition of ‘Executoriness’
The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.
1st Circuit
,
Puerto Rico
April 22, 2020
‘Chevron’ Deference Applied to Decisions by the Puerto Rico Oversight Board
District court invalidates expenditures adopted by the Puerto Rico legislature that were not approved by the PROMESA Oversight Board.
1st Circuit
,
Puerto Rico
December 11, 2019
District Court Upholds Constitutionality of San Juan Debt Adjustment Under PROMESA
The city of San Juan unsuccessfully argued that the PROMESA Oversight Board has no fiscal control over municipalities in Puerto Rico.
1st Circuit
,
Puerto Rico
September 30, 2019
First Circuit PROMESA Opinion Addresses the Automatic Stay and Trust Funds
Appeals court says that the bankruptcy court must always address the existence of a trust when ruling on a motion to modify the automatic stay.
1st Circuit
,
Puerto Rico
September 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
July 17, 2018
Constitutionality of the Puerto Rico Oversight Board Upheld in District Court
PROMESA’s authority is in the Territories Clause of the Constitution, District Judge Swain says.
1st Circuit
,
Puerto Rico
May 25, 2018
Puerto Rico Judge Has a Third Answer to the PROMESA Automatic Stay Question
On tough automatic stay cases, let the PROMESA judge decide.
1st Circuit
,
Puerto Rico
May 17, 2018
District Judges Starkly Disagree on the Scope of the PROMESA Automatic Stay
Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.
1st Circuit
,
Puerto Rico
May 04, 2018
Puerto Rico’s District Courts Differ on the Automatic Stay Under PROMESA
Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.
1st Circuit
,
Puerto Rico
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