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U.S. Attorney General Seeks Puerto Rico Bankruptcy Confirmation Delay

Submitted by jhartgen@abi.org on

A federal request for a 10- to 15-week pause in the Puerto Rico Plan of Adjustment confirmation process as well as the related constitutional challenge to the underlying bankruptcy law may threaten the Puerto Rico debt deal, the Bond Buyer reported. Five attorneys with the U.S. Department of Justice, led by Acting Assistant Attorney General Brian Boynton, asked Judge Laura Taylor Swain to give them until Jan. 31 to say whether they will defend the constitutionality of the Puerto Rico Oversight, Management, and Economic Stability Act and the U.S. bankruptcy code. If the DOJ decides to defend these things, they ask to have until March 2 to actually file their argument. Three parties in the bankruptcy have filed United States Constitution-based challenges to PROMESA in the Puerto Rico bankruptcy since Oct. 13. These appeals triggered required notices to the U.S. Attorney General to allow him or his attorneys to comment on the appeals. Normally the Justice Department would have until mid-December, 60 days after the notice of the constitutional challenge, to intervene in a case.