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.
The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.
District court invalidates expenditures adopted by the Puerto Rico legislature that were not approved by the PROMESA Oversight Board.
The city of San Juan unsuccessfully argued that the PROMESA Oversight Board has no fiscal control over municipalities in Puerto Rico.
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.
Defining collateral by reference in a UCC-1 is held invalid in Puerto Rico’s bankruptcy.
PROMESA’s authority is in the Territories Clause of the Constitution, District Judge Swain says.
On tough automatic stay cases, let the PROMESA judge decide.
Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.
Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.
