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    Puerto Rico Bondholders Win Landmark Appeal
    2019-06-06

    On Aug. 8, 2018, the U.S. Court of Appeals for the First Circuit upheld the right of Kramer Levin’s bondholder clients to seek a receiver for the Puerto Rico Electric Power Authority (PREPA) — the first appellate court in the history of municipal bankruptcy to do so. The First Circuit reversed U.S. District Judge Laura Taylor Swain, who presides over all proceedings under Title III of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA). PREPA bondholders alleged that PREPA’s mismanagement had depreciated revenues pledged to them as collateral.

    Filed under:
    Puerto Rico, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Title 11 of the US Code
    Location:
    Puerto Rico
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    U.S. District Court holds that Puerto Rico's Recovery Act is unconstitutional
    2015-02-09

    On February 6, 2015, Judge Francisco Besosa of the U.S. District Court for the District of Puerto Rico held that the Puerto Rico Public Corporation Debt Enforcement and Recovery Act (the “Recovery Act”) is expressly preempted by section 903 of the Bankruptcy Code and is therefore unconstitutional.

    Filed under:
    Puerto Rico, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Constitutionality, American Recovery and Reinvestment Act 2009 (USA)
    Authors:
    Thomas Curtin , Mark C. Ellenberg , Howard R. Hawkins Jr. , Ivan Loncar
    Location:
    Puerto Rico
    Firm:
    Cadwalader Wickersham & Taft LLP
    Puerto Rico’s Plan of Adjustment ‘Goes Effecfive’
    2022-03-25

    On March 15, 2022, the Financial Oversight and Management Board for Puerto Rico announced that the Plan of Adjustment for the Commonwealth of Puerto Rico became effecfive, more than four years aher Puerto Rico commenced restructuring proceedings under Title III of the Puerto Rico Oversight, Management and Economic Stability Act (“PROMESA”). PROMESA is a bespoke piece of federal legislafion enacted in 2016 to address Puerto Rico’s debt crisis, and incorporates most of chapter 9 of the Bankruptcy Code.

    Filed under:
    Puerto Rico, Banking, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, US Congress
    Location:
    Puerto Rico
    Firm:
    Cadwalader Wickersham & Taft LLP
    What’s in a Name? Court Holds That Despite Its Title, a Security Agreement Also Subordinated Junior Creditor’s Rights to Payment
    2021-11-30

    On October 29, 2021, Judge Laura Taylor Swain, the presiding judge in the Puerto Rico bankruptcy case, ruled that approximately $2 billion in intragovernmental loan claims were subordinated to bonds issued by the Puerto Rico Highway and Transportation Authority (“HTA”) pursuant to an assignment and security agreement.1 The Court’s opinion

    Filed under:
    Puerto Rico, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP
    Authors:
    Michele C. Maman , Thomas Curtin
    Location:
    Puerto Rico
    Firm:
    Cadwalader Wickersham & Taft LLP
    PROMESA becomes law: all businesses in Puerto Rico will be affected - top points about this sweeping rescue package
    2016-07-05

    Just one day before the July 1 deadline for an expected major default by the Government of Puerto Rico, President Barack Obama signed into law the Puerto Rico Oversight, Management and Economic Stability Act (PROMESA), a sweeping new law designed to bring stability to the Puerto Rican economy and establish oversight of the Island’s budget and fiscal policies for at least the next five years.

    Filed under:
    Puerto Rico, Insolvency & Restructuring, DLA Piper, Board of directors, Budget, Debt, Economy, Internal Revenue Code (USA), US Congress, US House of Representatives
    Location:
    Puerto Rico
    Firm:
    DLA Piper
    Scotiabank de Puerto Rico assumes all of the deposits of R-G Premier Bank of Puerto Rico
    2010-05-01

    Yesterday, the Office of the Commissioner of Financial Institutions of the Commonwealth of Puerto Rico closed R-G Premier Bank of Puerto Rico, headquartered in Hato Rey, Puerto Rico, and the FDIC was appointed receiver.

    Filed under:
    Puerto Rico, USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA)
    Authors:
    Melinda C. Calisti
    Location:
    Puerto Rico, USA
    Firm:
    Alston & Bird LLP
    Banco Popular de Puerto Rico assumes all of the deposits of Westernbank Puerto Rico
    2010-05-01

    Yesterday, the Office of the Commissioner of Financial Institutions of the Commonwealth of Puerto Rico closed Westernbank Puerto Rico, headquartered in Mayaguez, Puerto Rico, and the FDIC was appointed receiver.

    Filed under:
    Puerto Rico, USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Consideration, Federal Deposit Insurance Corporation (USA), Federal Reserve System
    Authors:
    Melinda C. Calisti
    Location:
    Puerto Rico, USA
    Firm:
    Alston & Bird LLP
    Court in Puerto Rico case adopts alternative test to find settlement agreements were executory
    2021-08-13

    Section 365 of the Bankruptcy Code creates a framework through which a debtor can elect to either assume or reject an executory contract. Because the Bankruptcy Code does not define “executory,” courts utilize various tests to determine if a debtor can assume a contract—and thus be obligated to perform—or reject a contract—and thus the contract is deemed breached immediately prior to the bankruptcy filing date. The Countryman test is overwhelmingly the most commonly applied test to determine a contract’s executory nature.

    Filed under:
    Puerto Rico, Insolvency & Restructuring, Litigation, Hogan Lovells
    Location:
    Puerto Rico
    Firm:
    Hogan Lovells
    Chapter 9 Bankruptcy—Preemption of Puerto Rico Recovery Act
    2015-12-04

    Puerto Rico v. Franklin CA Tax-Free Trust, No. 15-233
    Acosta-Febo v. Franklin CA Tax-Free Trust, No. 15-255

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Mayer Brown, American Recovery and Reinvestment Act 2009 (USA)
    Location:
    Puerto Rico, USA
    Firm:
    Mayer Brown
    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, SCOTUS, First Circuit
    Authors:
    Rudolph J. Di Massa, Jr. , Jarret P. Hitchings
    Location:
    Puerto Rico, USA
    Firm:
    Duane Morris LLP

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