Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust

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Stoll Keenon Ogden PLLC
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In boardrooms and courtrooms, Stoll Keenon Ogden PLLC provides strategic legal counsel to clients in the Midwestern United States, across the country and around the world. Our attorneys are recognized among the best in their fields by Martindale-Hubbell, Best Lawyers in America and Benchmark Litigation. We build client relationships for the long haul, because succeeding at business is a marathon, not a sprint.
The Supreme Court holds that Puerto Rico is a "State" for purposes of Chapter 9's pre-emption provision, despite the Code's definition of "State" excluding Puerto Rico for purposes of defining who may be a debtor under Chapter 9.
United States Insolvency/Bankruptcy/Re-Structuring
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(U.S. Sup. Ct. June 13, 2016)

The Supreme Court holds that Puerto Rico is a "State" for purposes of Chapter 9's pre-emption provision, despite the Code's definition of "State" excluding Puerto Rico for purposes of defining who may be a debtor under Chapter 9. Thus, Puerto Rico cannot authorize its municipalities to seek relief under Chapter 9 nor enact its own municipal bankruptcy laws. The district court properly enjoined enforcement of the laws enacted by Puerto Rico in 2014, which enabled its public utilities to modify their debts. Opinion below.

2016-06-13 – puerto rico v franklin california tax-free trust

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Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust

United States Insolvency/Bankruptcy/Re-Structuring
Contributor
In boardrooms and courtrooms, Stoll Keenon Ogden PLLC provides strategic legal counsel to clients in the Midwestern United States, across the country and around the world. Our attorneys are recognized among the best in their fields by Martindale-Hubbell, Best Lawyers in America and Benchmark Litigation. We build client relationships for the long haul, because succeeding at business is a marathon, not a sprint.
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