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    From the Top in Brief - July/August 2016
    2016-08-08

    The U.S. Supreme Court has handed down two rulings thus far in 2016 (October 2015 Term) involving issues of bankruptcy law. In the first, Husky Int’l Elecs., Inc. v. Ritz, 194 L. Ed. 2d 655, 2016 BL 154812 (2016), the Court addressed the scope of section 523(a)(2)(A) of the Bankruptcy Code, which bars the discharge of any debt of an individual debtor for money, property, services, or credit to the extent obtained by "false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition."

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Bankruptcy, Debtor, Fraud, Federal Reporter, Debt, Constitutionality, Dissenting opinion, Bankruptcy discharge, Title 11 of the US Code, SCOTUS, Fifth Circuit, Third Circuit, Seventh Circuit, First Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    U.S. Supreme Court Scuttles Puerto Rico’s 2014 Municipal Debt Restructuring Law
    2016-08-08

    On June 13, 2016, the U.S. Supreme Court upheld lower court rulings declaring unconstitutional a 2014 Puerto Rico law, portions of which mirrored chapter 9 of the Bankruptcy Code, that would have allowed the commonwealth’s public instrumentalities to restructure a significant portion of Puerto Rico’s bond debt (widely reported to be as much as $72 billion). In Commonwealth v. Franklin Cal. Tax-Free Tr., 2016 BL 187308 (U.S.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Jones Day, Federal preemption, Bankruptcy, Debtor, Federal Reporter, Debt, Constitutionality, Title 11 of the US Code, US Congress, SCOTUS, United States bankruptcy court, First Circuit
    Authors:
    Ben Rosenblum , Mark G. Douglas
    Location:
    Puerto Rico, USA
    Firm:
    Jones Day

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