§2164 — Title 48 Territories and Insular Possessions | U.S. Code

Summary

A voluntary case begins when the Oversight Board files a petition in the district court after the determination under section 2146. If someone objects, the court can dismiss the petition after notice and a hearing if it does not meet the rules, but the court cannot dismiss during the first 120 days after the case starts. The start of the case is an order for relief. An appeal of that order cannot delay or stop the case, and if a court later reverses jurisdiction on appeal, that does not cancel any debt the court authorized under sections 364(c) or 364(d) of title 11. The Oversight Board can file or change plans together for affiliate debtors and can ask the court to run related cases together, but it cannot merge affiliate cases into one (no substantive consolidation). The chapter does not allow canceling duties under federal police or regulatory laws, including environmental, public health, safety, or territorial laws that implement federal rules; this covers compliance duties, consent decrees or court orders, and related penalties. Holders of claims may still vote on or agree to changes to their own claims under subchapter VI.

Title 48, §2164

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)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)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.

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

(d)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)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)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References 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.

§2164 Petition and proceedings relating to petition