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.
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‘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.
Puerto Rico Bondholders Lose Another Appeal in the First Circuit
The First Circuit shows no inclination to allow creditors to bust out of the PROMESA restructuring of Puerto Rico’s debt.
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.
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
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
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
Preference Rules Are the Same When Two Bankruptcies Collide
The Dreier Ponzi scheme, like Madoff, makes law on claims of defrauded creditors.
Judge Name - Do not use it.
U.S. District Judge Laura Taylor Swain