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    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
    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
    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
    PREPA bondholders seek summary judgment invalidating Puerto Rico’s public corporation bankruptcy legislation
    2014-08-12

    On August 11, Franklin Funds and Oppenheimer Rochester Funds filed a second amended complaint, opposition to motion to dismiss and cross-motion for summary judgment in the litigation they previously filed in the United States District Court for Puerto Rico challenging the constitutionality and validity of Puerto Rico’s so-called Recovery Act.  The second amended complaint reiterates that a PREPA filing under the Recovery Act, which establishes debt adjustment procedures for most of Puerto Rico’s public corporations, is both “probable and imminent.”  The summary judgment motion see

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Mintz
    Authors:
    Leonard Weiser-Varon , William W. Kannel
    Location:
    Puerto Rico, USA
    Firm:
    Mintz
    Puerto Rico’s Recovery Act ruled preempted: what now?
    2015-02-08

    At the end of “The Candidate”, Robert Redford’s title character, having won, famously asks, “What do we do now?”

    A similar question can be asked now that the federal district court in Puerto Rico has struck down the Puerto Rico Public Corporation Debt Enforcement and Recovery Act.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Mintz, Federal preemption, American Recovery and Reinvestment Act 2009 (USA)
    Authors:
    Leonard Weiser-Varon , William W. Kannel
    Location:
    Puerto Rico, USA
    Firm:
    Mintz
    Puerto Rico's public corporation debt restructuring law ruled unconstitutional
    2015-03-27

    The Commonwealth of Puerto Rico's efforts to deal with more than $70 billion in debt have been a magnet for media scrutiny during the last two years. A question frequently asked in connection with the island territory's struggles to stay afloat is whether Puerto Rico, as an unincorporated territory of the U.S., could resort to a bankruptcy filing as a means of alleviating its financial problems. 

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Public, Jones Day, Debt, Constitutionality
    Authors:
    Mark G. Douglas
    Location:
    Puerto Rico, USA
    Firm:
    Jones Day
    First Circuit hears oral arguments on validity of Puerto Rico’s Recovery Act
    2015-05-06

    A few reactions to today’s oral arguments before the U.S. Court of Appeals for the First Circuit regarding the validity of Puerto Rico’s Recovery Act:

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Mintz, US Congress, American Recovery and Reinvestment Act 2009 (USA), First Circuit
    Authors:
    Leonard Weiser-Varon
    Location:
    Puerto Rico, USA
    Firm:
    Mintz
    First Circuit decision fails to relieve Puerto Rico's debt crisis
    2015-10-16

    Introduction

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Caplin & Drysdale, Chartered, First Circuit
    Authors:
    Sally J. Sullivan
    Location:
    Puerto Rico, USA
    Firm:
    Caplin & Drysdale, Chartered

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