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    Federal Government Enacts New Restructuring Law for U.S. Territories and Their Instrumentalities
    2016-07-11

    On June 30, 2016, Congress passed and President Obama signed into law a new piece of federal legislation that will govern the restructuring of U.S. territories: Public Law No: 114-187. Although not limited to the Commonwealth of Puerto Rico, enactment of the new law, entitled the Puerto Rico Oversight, Management, and Economic Stability Act or “PROMESA,” represents a bipartisan achievement in the context of a worsening fiscal crisis in Puerto Rico.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Regulatory compliance, Federal preemption, Debt, Economic development, Collective actions, Cashflow, Municipal bond, US Federal Government, US Congress, US House of Representatives party leaders, Title 11 of the US Code, First Circuit
    Authors:
    Gabriel A. Morgan
    Location:
    Puerto Rico, USA
    Firm:
    Weil Gotshal & Manges LLP
    PROMESA Shields Puerto Rico Behind a New Automatic Stay
    2016-07-21

    On June 30, 2016, President Obama signed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA)[1] into law. A copy of the Act can be found here.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Bryan Cave Leighton Paisner (Bryan Cave), Bond (finance), Bankruptcy, Letter of credit, Debtor, Commodity broker, Economy, Exclusive jurisdiction, Stay of execution, Municipal bond, Title 11 of the US Code
    Location:
    Puerto Rico, USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Three Strikes and Recovery Act is Out
    2016-06-13

    Today’s U.S. Supreme Court decision in Commonwealth of Puerto Rico v. Franklin California Tax-Free Trustputs an end to one of Puerto Rico’s multi-pronged efforts to deleverage itself.

    Filed under:
    Puerto Rico, USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mintz, American Recovery and Reinvestment Act 2009 (USA)
    Authors:
    Leonard Weiser-Varon , William W. Kannel
    Location:
    Puerto Rico, USA
    Firm:
    Mintz
    Monoline Insurer Challenges Puerto Rico’s Moratorium Law
    2016-06-27

    On June 15, 2016, National Public Finance Guarantee Corporation, an indirect subsidiary of MBIA Inc. (“NPFG”) commenced an action in the United States District Court for the District of Puerto Rico against the Governor of Puerto Rico and certain other officials in an action styled under the caption National Public Finance Guarantee Corporation v. Alejandro Gracia Padilla et. al, No.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP
    Authors:
    Lorraine S. McGowen
    Location:
    Puerto Rico, USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    US Supreme Court Issues Two Significant Cases on Puerto Rico’s Sovereignty
    2016-06-27

    In the first decision, on June 9, 2016, the United States Supreme Court affirmed the judgment of the Supreme Court of Puerto Rico that Puerto Rico and the United States are not separate sovereigns for purposes of the Double Jeopardy Clause contained in the Fifth Amendment of the U.S. Constitution in the appeal styled under the caption Commonwealth of Puerto Rico v. Sanchez Valle, No. 15-108. Opinion.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Fifth Amendment, Supreme Court of the United States, First Circuit
    Authors:
    Lorraine S. McGowen
    Location:
    Puerto Rico, USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Puerto Rico And The Importance Of Legislative History
    2016-06-30

    Law360, New York (June 30, 2016, 1:20 PM ET) -- After four hearings and one markup at the House Committee on Natural Resources, and countless hours of public and behind-the-scenes debate by the legislators, the House of Representatives passed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) on June 9, 2016. Then, on June 29, 2016, the Senate agreed to the House bill, sending the bill to the president for his expected signature.

    Filed under:
    Puerto Rico, Insolvency & Restructuring, Litigation, Public, Steptoe LLP, Bipartisanship, Federal preemption, US Congress, US House of Representatives, US House Committee on Natural Resources
    Authors:
    Carolyn Walsh , Luis G. Fortuño , Mara C. Giorgio
    Location:
    Puerto Rico
    Firm:
    Steptoe LLP
    A Tale of Two States: Puerto Rico and Chapter 9
    2016-06-30

    Puerto Rico is in the midst of a ­financial crisis. Over the past few years, its public debt skyrocketed while its government revenue sharply declined. In order to address its economic problems and to avoid mass public-worker layoffs and cuts in public services, the unincorporated U.S. territory issued billions of dollars in face value of municipal bonds. These bonds were readily saleable to investors in the United States due to their tax-exempt status and comparatively high yields.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Duane Morris LLP, Bond (finance), Federal preemption, Tax exemption, Bankruptcy, Debtor, Debt, Investment funds, Municipal bond, US Congress, The Legal Intelligencer, Supreme Court of the United States, First Circuit
    Authors:
    Rudolph J. Di Massa, Jr. , Jarret P. Hitchings
    Location:
    Puerto Rico, USA
    Firm:
    Duane Morris LLP
    Be prepared: PREPA bondholders greet Puerto Rico’s bankruptcy legislation with federal lawsuit
    2014-06-30

    On Saturday, June 28, Puerto Rico’s Governor Padilla signed into effect Puerto Rico’s new bankruptcy law for certain revenue bond issuers.  Within 24 hours of the statute’s enactment, two mutual fund complexes owning approximately $1.7 billion in bonds of the Puerto Rico Electric Power Authority (PREPA) filed a complaint in the federal district court for Puerto Rico, seeking a declaratory judgment invalidating the fledgling legislation.

    Filed under:
    Puerto Rico, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Public, Mintz
    Authors:
    Leonard Weiser-Varon , William W. Kannel
    Location:
    Puerto Rico
    Firm:
    Mintz
    Puerto Rico claims authority to nonconsensually restructure public corporation debt
    2014-07-07

    On Saturday, June 28, Puerto Rico Governor Alejandro Garcia Padilla signed into law the euphemistically-named “Puerto Rico Public Corporation Debt Enforcement and Recovery Act” (the “Act”).

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Title 11 of the US Code
    Authors:
    Lawrence A. Larose , Samuel S. Kohn , Christy L. Rivera
    Location:
    Puerto Rico, USA
    Firm:
    Chadbourne & Parke LLP
    Puerto Rico and PREPA seek dismissal of bondholder challenge to territory’s bankruptcy statute
    2014-07-22

    The Commonwealth of Puerto Rico and the Puerto Rico Electric Power Authority (PREPA) yesterday filed separate motions to dismiss the federal court complaint filed last month by some PREPA bondholders seeking to invalidate the recently-enacted Puerto Rico Public Corporation Debt Enforcement and Recovery Act.&n

    Filed under:
    Puerto Rico, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Public, Mintz
    Authors:
    Leonard Weiser-Varon , William W. Kannel
    Location:
    Puerto Rico
    Firm:
    Mintz

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