48 U.S.C. § 2164

Petition and proceedings relating to petition

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(a) Commencement of case

A voluntary case under this subchapter is commenced by the filing with the district court of a petition by the Oversight Board pursuant to the determination under section 2146 of this title.

(b) Objection to petition

After any objection to the petition, the court, after notice and a hearing, may dismiss the petition if the petition does not meet the requirements of this subchapter; however, this subsection shall not apply in any case during the first 120 days after the date on which such case is commenced under this subchapter.

The commencement of a case under this subchapter constitutes an order for relief.

(d) Appeal

The court may not, on account of an appeal from an order for relief, delay any proceeding under this subchapter in the case in which the appeal is being taken, nor shall any court order a stay of such proceeding pending such appeal.

(e) Validity of debt

The reversal on appeal of a finding of jurisdiction shall not affect the validity of any debt incurred that is authorized by the court under section 364(c) or 364(d) of title 11.

(f) Joint filing of petitions and plans permitted

The Oversight Board, on behalf of debtors under this subchapter, may file petitions or submit or modify plans of adjustment jointly if the debtors are affiliates; provided, however, that nothing in this subchapter shall be construed as authorizing substantive consolidation of the cases of affiliated debtors.

(g) Joint administration of affiliated cases

If the Oversight Board, on behalf of a debtor and one or more affiliates, has filed separate cases and the Oversight Board, on behalf of the debtor or one of the affiliates, files a motion to administer the cases jointly, the court may order a joint administration of the cases.

(h) Public safety

This chapter may not be construed to permit the discharge of obligations arising under Federal police or regulatory laws, including laws relating to the environment, public health or safety, or territorial laws implementing such Federal legal provisions. This includes compliance obligations, requirements under consent decrees or judicial orders, and obligations to pay associated administrative, civil, or other penalties.

(i) Voting on debt adjustment plans not stayed

Notwithstanding any provision in this subchapter to the contrary, including sections of title 11 incorporated by reference, nothing in this section shall prevent the holder of a claim from voting on or consenting to a proposed modification of such claim under subchapter VI of this chapter.

(Pub. L. 114–187, title III, § 304, June 30, 2016, 130 Stat. 579.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (h), was in the original “This Act”, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables.

Notes of Decisions

Cited in 13 cases (7 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).

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Migrant Health Ctr., Inc. v. Commonwealth of Puerto Rico, 919 F.3d 565 (1st Cir. 2019). · cites it 3× “The District Court based its determination on two provisions of PROMESA: Section 304(h), *576 48 U.S.C. § 2164 (h), and Section 210(c), 48 U.”

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). “See 48 U.S.C. § 2164 (a) ; see also id. § 2124(j).”

In re Fin. Oversight & Mgmt. Bd. for P.R., 318 F. Supp. 3d 537 (2018). · cites it 2× “10 48 U.S.C.A. § 2164 (b) (West 2017). Section 302 enumerates the statutory prerequisites that a debtor must satisfy to avail itself of relief pursuant to Title III of PROMESA.”

FOMB v. AmeriNational Cmty. Servs., LLC, 109 F.4th 37 (1st Cir. 2024). “See 48 U.S.C. § 2164 (describing petition process under Title III); see also id.”

Ocasio v. Comision Estatal de Elecciones (1st Cir. 2026). · cites it 4× “Third, they assert that even if their claim did arise before the Confirmed Plan took effect, the claim is an "obligation[] arising under [f]ederal police or regulatory laws" and is thereby exempt from discharge under 48 U.S.C. § 2164 (h) of - 8 - PROMESA. Finally, they posit…”

Altair Global Credit Opportunities Fund (A), LLC v. United States (Fed. Cl. 2018). “See 48 U.S.C. §§ 2164 (a), 2172, 2173, 2174(b)(7).”

UTIER v. Ortiz Vazquez (1st Cir. 2021). “4 In July 2017, the FOMB filed a Title III debt- restructuring case on behalf of PREPA as a covered instrumentality pursuant to 48 U.S.C. § 2164 (a). In September 2018, the FOMB certified a budget for PREPA for fiscal year 2019, which allocated $120,888,000 for PREPA's employee…”

Assured Guar. Corp. v. Commonwealth of Puerto Rico (1st Cir. 2021). “See 48 U.S.C. § 2164 (a). On May 21, 2017, FOMB also petitioned for Title III relief on behalf of HTA.”

Voya Institutional Trust Co. v. Univ. of Puerto Rico, 266 F. Supp. 3d 590 (D.P.R. 2017). “” 48 U.S.C. § 2164 (a). Similarly, “a voluntary case under a chapter of [the Bankruptcy Code] is commenced by the filing with the bankruptcy court of a petition under such chapter by an entity that may be a debtor under such chapter” pursuant to 11 U.”

Dinh v. United States (Fed. Cl. 2023). “See 48 U.S.C. § 2164 (a); 11 U.S.C. §§ 301 , 901.”

Abraham Gimenez Grp. v. FOMB (1st Cir. 2024). “Title III of PROMESA authorizes the Board to file a debt-restructuring case on the Commonwealth's behalf, see 48 U.S.C. §§ 2164 , 2175, and the Board commenced such a case in May 2017.”

Autonomous Mun. of San Juan v. Fin. Oversight & Mgmt. Bd. for Puerto Rico (D.P.R. 2019). “) Plaintiff contends that this designation “goes beyond the limitation that Congress placed on the Oversight Board, which is to ‘provide a method for the [Commonwealth] to 4 See 48 U.S.C. §§ 2164 , 2172-2174. Title III is codified at 48 U.”

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