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Displaying Journal Articles with Topic 1st Circuit
February 18, 2019
First Circuit Cans the Puerto Rico Oversight Board as Unconstitutionally Appointed
The appeals court is attempting to avoid chaos despite ruling that the appointment of Puerto Rico Oversight Board members violated the Appointments Clause of the Constitution.
February 1, 2019
Puerto Rico Retirement System Bondholders Win Their Security Interest Back
First Circuit reverses, upholding the validity of bondholders’ security interests in $2.9 billion of collateral.
December 14, 2018
First Circuit Terminates the Stay Entirely as to Repeat Filers
In the first opinion at the circuit level, the First Circuit latches onto the lousy drafting of Section 362(c)(3)(A) to end the automatic stay entirely, 30 days after the second filing within a year.
October 15, 2018
Chapter 13 Can Cure a Home Mortgage Default Even After a Foreclosure Auction
Section 1322(c) allows a debtor to cure a mortgage default so long as the foreclosure deed was not recorded before bankruptcy.
September 24, 2018
Chapter 7 Trustee Is Paid in a Case Converted to Chapter 13
Courts split on allowing compensation to a chapter 7 trustee when the case is converted to chapter 13 before distributions were made.
September 7, 2018
Avoiding Powers Under PROMESA May Be Applied Retroactively
Defining collateral by reference in a UCC-1 is held invalid in Puerto Rico’s bankruptcy.
August 10, 2018
First Circuit Gives Puerto Rico Bondholders a Second Bite at the Apple
Puerto Rico’s toll road bonds don’t have statutory liens, circuit court rules.
August 6, 2018
Penalty for Early Withdrawal from a Retirement Account Is Not a Priority Tax Claim
Two Boston judges agree: The 10% penalty for early withdrawals from a retirement account doesn’t have priority under Section 508(a)(8).
July 17, 2018
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.
June 12, 2018
First Circuit Splits with the Ninth over Good Faith Defense to Discharge Violation
Seven weeks apart, two circuits reach diametrically different conclusions about good faith as a defense to an intentional act that violates the discharge injunction.