Puerto Rico Case and the Efficacy of Prof. Westbrook’s Definition of ‘Executoriness’
The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.
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‘Chevron’ Deference Applied to Decisions by the Puerto Rico Oversight Board
District court invalidates expenditures adopted by the Puerto Rico legislature that were not approved by the PROMESA Oversight Board.
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District Court Upholds Constitutionality of San Juan Debt Adjustment Under PROMESA
The city of San Juan unsuccessfully argued that the PROMESA Oversight Board has no fiscal control over municipalities in Puerto Rico.
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First Circuit PROMESA Opinion Addresses the Automatic Stay and Trust Funds
Appeals court says that the bankruptcy court must always address the existence of a trust when ruling on a motion to modify the automatic stay.
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Avoiding Powers Under PROMESA May Be Applied Retroactively
Defining collateral by reference in a UCC-1 is held invalid in Puerto Rico’s bankruptcy.
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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.
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Puerto Rico Judge Has a Third Answer to the PROMESA Automatic Stay Question
On tough automatic stay cases, let the PROMESA judge decide.
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District Judges Starkly Disagree on the Scope of the PROMESA Automatic Stay
Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.
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Puerto Rico’s District Courts Differ on the Automatic Stay Under PROMESA
Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.
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No Quick Exit for Any Creditors from Puerto Rico’s Financial Mess, Judge Says
Judge refuses to issue declaratory judgments about Puerto Rico’s use of tax revenues.
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