Title 48Territories and Insular PossessionsRelease 119-73

§2161 Applicability of other laws; definitions

Title 48 › Chapter CHAPTER 20— - PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY › Subchapter SUBCHAPTER III— - ADJUSTMENTS OF DEBTS › § 2161

Last updated Apr 6, 2026|Official source

Summary

Many specific rules from the federal bankruptcy code (title 11) apply to cases under this subchapter. A long list of sections from title 11 is made to apply here, and section 930 also applies except it does not apply during the first 120 days after the case starts. If a word is defined in a title 11 section that is made to apply here, use that meaning unless this subchapter gives a different one. When title 11 or the bankruptcy rules say “this title,” “title 11,” or similar phrases in a case under this subchapter, read those words to mean this subchapter. The Oversight Board must consider whether claims are secured and their priority when deciding if claims are “substantially similar.” Any rule that only works if the debtor is allowed to run its business still works in these cases. Definitions used here: affiliate — also includes territorial instrumentalities and their relationship to the territory; debtor — the territory or a covered territorial instrumentality that filed the case; holder of a claim or interest — for voting rules it excludes certain issuers or territorial instrumentalities controlled by the issuer (beneficiaries are not excluded, and a separate creditors’ committee can be ordered on request), and for insured bonds it means the monoline insurer when that insurer has voting rights; Insured Bond — a bond backed by a monoline insurer; property of the estate — the debtor’s property; State — means State or territory when used about a State’s relation to its municipality or territorial instrumentality; trustee — means the Oversight Board (not the U.S. Trustee), except as provided in section 926 of title 11.

Full Legal Text

Title 48, §2161

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)section 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)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)In this subchapter:
(1)The 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)The term “debtor” means the territory or covered territorial instrumentality concerning which a case under this subchapter has been commenced.
(3)The 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)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)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)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)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)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)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)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.

Reference

Citations & Metadata

Citation

48 U.S.C. § 2161

Title 48Territories and Insular Possessions

Last Updated

Apr 6, 2026

Release point: 119-73