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. Read more about Puerto Rico Case and the Efficacy of Prof. Westbrook’s Definition of ‘Executoriness’
‘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. Read more about ‘Chevron’ Deference Applied to Decisions by the Puerto Rico Oversight Board
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. Read more about District Court Upholds Constitutionality of San Juan Debt Adjustment Under PROMESA
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. Read more about First Circuit PROMESA Opinion Addresses the Automatic Stay and Trust Funds
Avoiding Powers Under PROMESA May Be Applied Retroactively Defining collateral by reference in a UCC-1 is held invalid in Puerto Rico’s bankruptcy. Judge Name - Do not use it. Laura Taylor Swain Read more about Avoiding Powers Under PROMESA May Be Applied Retroactively
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. Judge Name - Do not use it. Laura Taylor Swain Read more about Constitutionality of the Puerto Rico Oversight Board Upheld in District Court
Puerto Rico Judge Has a Third Answer to the PROMESA Automatic Stay Question On tough automatic stay cases, let the PROMESA judge decide. Judge Name - Do not use it. Francisco A. Besosa Read more about Puerto Rico Judge Has a Third Answer to the PROMESA Automatic Stay Question
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. Judge Name - Do not use it. William G. Young, Gustavo A. Gelpí Read more about District Judges Starkly Disagree on the Scope of the PROMESA Automatic Stay
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. Judge Name - Do not use it. William G. Young Read more about Puerto Rico’s District Courts Differ on the Automatic Stay Under PROMESA
No Quick Exit for Any Creditors from Puerto Rico’s Financial Mess, Judge Says Judge refuses to issue declaratory judgments about Puerto Rico’s use of tax revenues. Judge Name - Do not use it. Laura Taylor Swain Read more about No Quick Exit for Any Creditors from Puerto Rico’s Financial Mess, Judge Says