The U.S. Court of Appeals for the First Circuit (Circuit) affirmed the decision of the Bankruptcy Appellate Panel for the First Circuit (BAP), which itself affirmed the entry of summary judgment by...
Judge(s):
Jeffrey R. Howard; Sandra L. Lynch; and William J. Kayatta Jr.
The U.S. Court of Appeals for the First Circuit (Circuit) held that the judge sitting by designation on the U.S. District Court for the District of Puerto Rico solely for hearing petitions under...
Judge(s):
Sandra L. Lynch; Kermit V. Lipez, and Ojetta R. Thompson
The automatic stay provision of the Puerto Rico Oversight, Management, and Economic Stability Act (section 362 incorporated through section 301(a), 48 U.S.C. section 2161(a)) applies to certain...
Claims challenging the PROMESA Board’s decisions to not certify Puerto Rico’s fiscal plan and to instead certify a fiscal plan of its own development were properly dismissed for lack of subject...
The members of the PROMESA board ARE subject to the Appointments Clause so the structure of the Board as it presently exists is unconstitutional. The court ordered the constitutionally-offending...
The Court of Appeals agreed with the holding that the 2008 Financing Statements did not perfect the Bondholders' security interest in the Pledged Property, but determined that Bondholders met the...
First Circuit affirmed convictions of defendant who exploited debtors by filing incomplete bankruptcy petitions and promising assistance in their child support payments. First Circuit also vacated...
