PROMESA’s authority is in the Territories Clause of the Constitution, District Judge Swain says.
On tough automatic stay cases, let the PROMESA judge decide.
Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.
Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.
Judge refuses to issue declaratory judgments about Puerto Rico’s use of tax revenues.
Courts are reluctant to employ PROMESA as a shield against suits involving government administration.
The automatic stay as applied might sometimes deny constitutional equal protection, judge says.
Puerto Rico unsuccessfully sought to suspend habeas corpus under PROMESA.
Puerto Rico judge sides with the Third Circuit by upholding the Anti-Injunction Act in bankruptcy cases.
Automatic stay not violated without an attempt to collect a claim, Puerto Rico Judge holds.