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October 24, 2024

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.

July 23, 2021

The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.

April 22, 2020

District court invalidates expenditures adopted by the Puerto Rico legislature that were not approved by the PROMESA Oversight Board.

December 11, 2019

The city of San Juan unsuccessfully argued that the PROMESA Oversight Board has no fiscal control over municipalities in Puerto Rico.

September 30, 2019

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.

September 07, 2018

Defining collateral by reference in a UCC-1 is held invalid in Puerto Rico’s bankruptcy.

July 17, 2018

PROMESA’s authority is in the Territories Clause of the Constitution, District Judge Swain says.

May 25, 2018

May 17, 2018

Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.

May 04, 2018

Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.