48 U.S.C. § 2146

Oversight Board duties related to restructuring

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(a) Requirements for restructuring certificationThe Oversight Board, prior to issuing a restructuring certification regarding an entity (as such term is defined in section 101 of title 11), shall determine, in its sole discretion, that—(1) the entity has made good-faith efforts to reach a consensual restructuring with creditors;(2) the entity has—(A) adopted procedures necessary to deliver timely audited financial statements; and(B) made public draft financial statements and other information sufficient for any interested person to make an informed decision with respect to a possible restructuring;(3) the entity is either a covered territory that has adopted a Fiscal Plan certified by the Oversight Board, a covered territorial instrumentality that is subject to a Territory Fiscal Plan certified by the Oversight Board, or a covered territorial instrumentality that has adopted an Instrumentality Fiscal Plan certified by the Oversight Board; and(4)(A) no order approving a Qualifying Modification under section 2231 of this title has been entered with respect to such entity; or(B) if an order approving a Qualifying Modification has been entered with respect to such entity, the entity is unable to make its debt payments notwithstanding the approved Qualifying Modification, in which case, all claims affected by the Qualifying Modification shall be subject to a subchapter III case.(b) Issuance of restructuring certification

The issuance of a restructuring certification under this section requires a vote of no fewer than 5 members of the Oversight Board in the affirmative, which shall satisfy the requirement set forth in section 2162(2) of this title.

(Pub. L. 114–187, title II, § 206, June 30, 2016, 130 Stat. 574.)

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2018–2021 · leading case: Altair Global Credit Opportunities Fund (A), LLC v. United States (Fed. Cl. 2018).

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Altair Global Credit Opportunities Fund (A), LLC v. United States (Fed. Cl. 2018). “See 48 U.S.C. §§ 2146 , 2164. The sole authority to file such a petition, as well as to modify or file an adjustment consistent with the Fiscal Plan, was delegated to the Oversight Board.”

UTIER v. Ortiz Vazquez (1st Cir. 2021). “48 U.S.C. §§ 2146 , 2164(a), 2168(a); see also In re Fin.”

Rivera-Rivera v. PREPA (1st Cir. 2021). “22, 2018); see 48 U.S.C. § 2146 (a) (setting out requirements regarding the FOMB's issuance of a restructuring certification for a covered entity); H.”

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