Supremo error en materia de contratos gubernamentales (Parte 1) En Municipio de Aguada v. W Construction, el Tribunal resolvió que “en cualquier tipo
En Municipio de Aguada v. W Construction, el Tribunal resolvió que “en cualquier tipo de contrato de servicios.
Rejection of Top Proponent for Failure to Disclose Conflict of Interest Upheld by Court of Appeals
Upheld by Court of Appeals The Court of Appeals of Puerto Rico upheld the Central Office for Recovery.
363 Sale Order Cannot Extinguish Statutory Obligation to Bargain With
Union Sales under 11 U.S.C. §363 have become increasingly popular because they allow a buyer to purchase assets free and clear of liens, claims.
Liens Against Pledged Revenues Did Not Attach Post-Petition
The bankruptcy judge presiding over the City of Chester’s Chapter 9 reorganization proceeding recently issued an important opinion related...
Secured Claim Reduced By $242K After Valuation of Collateral; Lien Avoidance Issue Postponed Until Confirmation Hearing
Avoidance Issue Postponed Until Confirmation Hearing In In re Rodríguez, a secured creditor filed a fully secured proof of claim for $572,986.23.
Completion of Building Sold in Bankruptcy Did Not Infringe Architect’s Copyright “Architectural works” are subject to copyright protection. Does this
Copyright “Architectural works” are subject to copyright protection. Does this mean that the architect of an unfinished building can stop the building...
Judge González (Bankr. D.P.R.) Denies Debtor’s Request to Use Cash Generated by Post-petition Rent
Generated by Post-petition Rent A recent bankruptcy decision out of the District of Puerto Rico shows just how hard it is to reorganize for a debtor...
Liens Against Pledged Revenues Did Not Attach Post-Petition The Creditor Defendants’ security interests in the Pledged Revenues are properly
The Creditor Defendants’ security interests in the Pledged Revenues are properly perfected under Pennsylvania law The Creditor Defendants hold...
HIMA San Pablo: DIP Financing Approved
Yesterday, Judge Lamoutte authorized HIMA San Pablo to obtain senior secured postpetition financing on a superpriority basis in the aggregate principal...
IRS’ Replacement Lien On Cash Collateral Extends to Debtor’s 363 Sale Proceeds As a result of several years of unpaid federal taxes, the IRS obtained
Proceeds As a result of several years of unpaid federal taxes, the IRS obtained a lien on all of a debtor’s prepetition property.
Municipal Revenue Bond Holders Suffer Another Legal Setback
Revenue bonds depend on the revenue from a specific project or source, not the full taxing power of the issuer.
Puerto Rico HOA Creditors Take Another Hit in Bankruptcy
Last February, Judge Lamoutte held that a lien created under the Puerto Rico Condominium Act, Act No.
Bankruptcy Court Holds That a Lien Constituted Under the Puerto Rico Condominium Act for an Apartment Owner’s Liability for Common Expenses Is Not
Condominium Act for an Apartment Owner’s Liability for Common Expenses Is Not a Security Interest Until Registered Judge Enrique S. Lamoutte of the U.S.
Security Interest Substantial Compliance Doctrine Does Not Apply to Failure to File Correct Document and Fee
Failure to File Correct Document and Fee A secured creditor’s filing of an inapplicable document and payment of an incorrect fee amount when seeking...
363 Sale Fails After Court Enjoins Use of Assets Commingled With Non-debtor’s IP Rights & Confidential Information
Non-debtor’s IP Rights & Confidential Information One of bankruptcy’s most important—and often used—tools is the ability to sell estate property free...
Bondholders waived their right to a hearing on stay relief by accepting litigation schedule
litigation schedule Sometimes one has to object to the point of risking alienating the district judge in order to prevent waiver of the argument...
SCOTUS’ Appling Continues to Make it Harder to Exempt a Debt From Discharge Debts incurred by making intentional false representations are generally
Discharge Debts incurred by making intentional false representations are generally exempt from a debtor’s discharge in bankruptcy.
City of Chicago v. Fulton was decided by the U.S. Supreme Court on January 14, 2021. The case centered around whether the City of Chicago's refusal
January 14, 2021. The case centered around whether the City of Chicago's refusal to return impounded vehicles after the vehicle owners filed...
HIMA San Pablo: DIP Financing Denied Due to Lack of Adequate Protection to CRIM
to CRIM With over $400 million in liabilities, HIMA San Pablo’s bankruptcy could be the largest filing in the District of Puerto Rico in the last...