48 U.S.C. § 2161

Applicability of other laws; definitions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 48 CasesGoogle Scholar

(a) Sections applicable to cases under this subchapter

Sections 101 (except as otherwise provided in this section), 102, 104, 105, 106, 107, 108, 112, 333, 344, 347(b), 349, 350(b), 351, 361, 362, 364(c), 364(d), 364(e), 364(f), 365, 366, 501, 502, 503, 504, 506, 507(a)(2), 509, 510, 524(a)(1), 524(a)(2), 544, 545, 546, 547, 548, 549(a), 549(c), 549(d), 550, 551, 552, 553, 555, 556, 557, 559, 560, 561, 562, 902 (except as otherwise provided in this section), 922, 923, 924, 925, 926, 927, 928, 942, 944, 945, 946, 1102, 1103, 1109, 1111(b), 1122, 1123(a)(1), 1123(a)(2), 1123(a)(3), 1123(a)(4), 1123(a)(5), 1123(b), 1123(d), 1124, 1125, 1126(a), 1126(b), 1126(c), 1126(e), 1126(f), 1126(g), 1127(d), 1128, 1129(a)(2), 1129(a)(3), 1129(a)(6), 1129(a)(8), 1129(a)(10), 1129(b)(1), 1129(b)(2)(A), 1129(b)(2)(B), 1142(b), 1143, 1144, 1145, and 1146(a) of title 11 apply in a case under this subchapter and section 930 of title 11 applies in a case under this subchapter; however, section 930 shall not apply in any case during the first 120 days after the date on which such case is commenced under this subchapter.

(b) Meanings of terms

A term used in a section of title 11, made applicable in a case under this subchapter by subsection (a), has the meaning given to the term for the purpose of the applicable section, unless the term is otherwise defined in this subchapter.

(c) DefinitionsIn this subchapter:(1) AffiliateThe term “affiliate” means, in addition to the definition made applicable in a case under this subchapter by subsection (a)—(A) for a territory, any territorial instrumentality; and(B) for a territorial instrumentality, the governing territory and any of the other territorial instrumentalities of the territory.(2) Debtor

The term “debtor” means the territory or covered territorial instrumentality concerning which a case under this subchapter has been commenced.

(3) Holder of a claim or interestThe term “holder of a claim or interest”, when used in section 1126 of title 11, made applicable in a case under this subchapter by subsection (a)—(A) shall exclude any Issuer or Authorized Instrumentality of the Territory Government Issuer (as defined under subchapter VI of this chapter) or a corporation, trust or other legal entity that is controlled by the Issuer or an Authorized Territorial Instrumentality of the Territory Government Issuer, provided that the beneficiaries of such claims, to the extent they are not referenced in this subparagraph, shall not be excluded, and that, for each excluded trust or other legal entity, the court shall, upon the request of any participant or beneficiary of such trust or entity, at any time after the commencement of the case, order the appointment of a separate committee of creditors pursuant to section 1102(a)(2) of title 11; and(B) with reference to Insured Bonds, shall mean the monoline insurer insuring such Insured Bond to the extent such insurer is granted the right to vote Insured Bonds for purposes of directing remedies or consenting to proposed amendments or modifications as provided in the applicable documents pursuant to which such Insured Bond was issued and insured.(4) Insured Bond

The term “Insured Bond” means a bond subject to a financial guarantee or similar insurance contract, policy and/or surety issued by a monoline insurer.

(5) Property of the estate

The term “property of the estate”, when used in a section of title 11 made applicable in a case under this subchapter by subsection (a), means property of the debtor.

(6) State

The term “State” 11 So in original. Probably should be followed by a comma. when used in a section of title 11 made applicable in a case under this subchapter by subsection (a) 1 means State or territory when used in reference to the relationship of a State to the municipality of the State or the territorial instrumentality of a territory, as applicable.

(7) Trustee

The term “trustee”, when used in a section of title 11 made applicable in a case under this subchapter by subsection (a), means the Oversight Board, except as provided in section 926 of title 11. The term “trustee” as described in this paragraph does not mean the U.S. Trustee, an official of the United States Trustee Program, which is a component of the United States Department of Justice.

(d) Reference to subchapter

Solely for purposes of this subchapter, a reference to “this title”, “this chapter”, or words of similar import in a section of title 11 made applicable in a case under this subchapter by subsection (a) or to “this title”, “title 11”, “Chapter 9”, “Chapter 11”, “the Code”, or words of similar import in the Federal Rules of Bankruptcy Procedure made applicable in a case under this subchapter shall be deemed to be a reference to this subchapter.

(e) Substantially similar

In determining whether claims are “substantially similar” for the purpose of section 1122 of title 11, made applicable in a case under this subchapter by subsection (a), the Oversight Board shall consider whether such claims are secured and whether such claims have priority over other claims.

(f) Operative clauses

A section made applicable in a case under this subchapter by subsection (a) that is operative if the business of the debtor is authorized to be operated is operative in a case under this subchapter.

(Pub. L. 114–187, title III, § 301, June 30, 2016, 130 Stat. 577.)

Notes of Decisions

Cited in 53 cases (27 in the last 5 years), 2017–2026 · leading case: Migrant Health Ctr., Inc. v. Commonwealth of Puerto Rico, 919 F.3d 565 (1st Cir. 2019).

Sort: Relevance Newest Treatment

Migrant Health Ctr., Inc. v. Commonwealth of Puerto Rico, 919 F.3d 565 (1st Cir. 2019). · cites it 6× “§ 362 (a)(1) (incorporated in 48 U.S.C. § 2161 (a) ). The filing of the Title III petition prompted proceedings in both the District of Puerto Rico and the Commonwealth's local courts about whether the automatic stay applied to the wraparound payment litigation.”

Fin. Oversight & Mgmt. Bd. for P.R. v. Ad Hoc Grp. of PREPA Bondholders (In Re Fin. Oversight & Mgmt. Bd. for P.R.), 899 F.3d 13 (1st Cir. 2018). · cites it 4× “Compare 48 U.S.C. §§ 2161 - 2177 with 11 U.S.C. §§ 901 - 946.”

Peaje Invs. LLC v. Fin. Oversight & Mgmt. Bd. for P.R. (In re Fin. Oversight & Mgmt. Bd. for P.R.), 899 F.3d 1 (1st Cir. 2018). · cites it 2× “§§ 362 (a), 922(a) ; see also 48 U.S.C. § 2161 (a) (incorporating 11 U.”

Fin. Oversight & Mgmt. Bd. for P. R. v. Centro De Periodismo Investigativo, Inc., 598 U.S. 339 (2023). · cites it 2× “§ 106 (a); 48 U. S. C. § 2161 (a), PROMESA does not provide that the Board or Puerto Rico is subject to suit.”

Altair Global Credit Opportunities Fund (A), LLC v. Fin. Oversight & Mgmt. Bd. for P.R. (In re Fin. Oversight & Mgmt. Bd. for P.R.), 914 F.3d 694 (1st Cir. 2019). · cites it 3× “After both sides moved for summary judgment, the *703 district court ruled in favor of the System, finding that the Bondholders' interest was not perfected and so could be avoided under 48 U.S.C. § 2161 (a), that there had been no violation of the January 2017 Stipulation, and…”

Assured Guar. Corp. v. Fin. Oversight & Mgmt. Bd. for Puerto Rico (In Re Fin. Oversight & Mgmt. Bd. for Puerto Rico), 919 F.3d 121 (1st Cir. 2019). “tion Authority ("PRHTA") (hereinafter the "Insurers"), appeal from the dismissal of their Amended Complaint in an adversary proceeding arising within the debt adjustment proceeding that the Financial Oversight and Management Board (the "Board") commenced on behalf of the PRHTA…”

Peaje Investments LLC v. Garcia-Padilla, 845 F.3d 505 (1st Cir. 2017). “5 . We note that the Altair Movants’ request for adequate protection here appears to be quite modest.”

Victor J. Salgado & Assocs. v. Cestero-Lopategui, 34 F.4th 49 (1st Cir. 2022). · cites it 4× “§ 922 , incorporated into PROMESA through 48 U.S.C. § 2161 (a), and order entry of the stay.”

Centro de Periodismo Investigativo, Inc. v. FOMB, 35 F.4th 1 (1st Cir. 2022). “6This case was briefly stayed pursuant to an automatic stay provision within PROMESA, 48 U.S.C. § 2161 (incorporating the Bankruptcy Code's automatic stay provisions -- 11 U.”

Ambac Assurance Corp. v. Commonwealth (In Re Fin. Oversight & Mgmt. Bd. for Puerto Rico), 927 F.3d 597 (1st Cir. 2019). · cites it 3× “§ 362 (a)(1), (5) ; 48 U.S.C. § 2161 (a) (incorporating 11 U.”

Guadalupe-Baez v. Pesquera, 269 F. Supp. 3d 1 (D.P.R. 2017). · cites it 2× “ORDER DENYING STAY UNDER 48 U.S.C. § 2161 GUSTAVO A. GELPI, United States District Judge Defendant filed a Notice of Automatic Stay, seeking to avail himself of the debt-related litigation stay created by the Puer-to Rico Oversight, Management, and Economic Stability Act…”

Fin. Oversight & Mgmt. Bd. for P. R. v. Centro De Periodismo Investigativo, Inc., 598 U.S. 339 (2023). · cites it 2× “§106 (a); 48 U. S. C. §2161 (a), PROMESA does not provide that the Board or Puerto Rico is subject to suit.”

Show all 53 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.