Title VI of the Puerto Rico Oversight, Management, and Economic Stability Act does not alter the legal standard, found in both New York and Puerto Rico law, that the terms of a final contract...
The Court of Appeals affirmed the dismissal of the case but do so on different grounds from those articulated by the Bankruptcy Court. The dual requirements of § 1307(c)(5) were satisfied. The...
The pre-petition work claims were not for "back pay attributable to any period of time occurring after commencement of the case" and thus did not qualify for administrative-expense priority under...
In an opinion arising out of the restructuring of Puerto Rico's public power company (PRRS and PREPA), the U.S. Court of Appeals for the First Circuit held that GoldenTree Asset Management and...
Judge(s):
William J. Kayatta Jr.; O. Rogeriee Thompson; and Julie Rikelman
The U.S. Court of Appeals for the First Circuit held a bankruptcy court did not err in calculating a Massachusetts debtor's tenancy by the entirety interest in property for purposes of the formula...
Providing a useful primer on judicial estoppel in the bankruptcy context, the U.S. Court of Appeals for the First Circuit (Circuit) affirmed the order of the U.S. Bankruptcy Court of Massachusetts...
Judge(s):
O. Rogeriee Thompson; Gustavo Gelpí; and Sandra Lynch
The First Circuit affirmed the bankruptcy court (D. Mass.) which granted Appellees’ Motion for Summary Judgment on the count for a denial of discharge due to a false oath under 11 U.S.C. §...
Judge(s):
Selya and Lynch, Circuit Judges, and McElroy, District Judge.
In a case so complex to require a timeline, the U.S. Court of Appeals for the First Circuit (Circuit) dismissed those aspects deemed moot without any merit review but affirmed the grant of summary...
Judge(s):
Gustavo Gelpí; Kermit V. Lipez; and O. Regeriee Thompson
A question remains whether the set-off that Oriental Bank asserts here is senior to the secured interest that MAPFRE has in the same collateral under Puerto Rico law, as well as the fact-laden...
