Title 48Territories and Insular PossessionsRelease 119-73

§2178 Disclosure by professional persons seeking approval of compensation under section 2176 or 2177 of this title

Title 48 › Chapter CHAPTER 20— - PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY › Subchapter SUBCHAPTER III— - ADJUSTMENTS OF DEBTS › § 2178

Last updated Apr 6, 2026|Official source

Summary

List of Material Interested Parties — the list the Oversight Board must make of people and groups with a stake in the case. Oversight Board — the board that runs the oversight process. Before asking to be paid for work in these cases, any lawyer, accountant, appraiser, auctioneer, agent, or other professional must file a sworn disclosure that follows Rule 2014(a) and says how they are connected to anyone on the List of Material Interested Parties. They must quickly update that disclosure if they learn new relevant facts. If they fail to file or update, or the court finds their disclosure not made in good faith, they must say so in later required filings. The United States trustee will review those disclosures, may comment on them, and can object to payment requests that don’t meet these rules. The Oversight Board must create the List of Material Interested Parties no later than 30 days after January 20, 2022, subject to court approval and a chance for the United States trustee or any party in interest to be heard. The list must include the debtor, creditors, other parties in interest, attorneys and accountants for those parties, the United States trustee and staff, and the Oversight Board’s members, Executive Director, and employees. The court can exclude people whose claims are below a dollar threshold it sets. The court may refuse to allow payment or expense reimbursement if a professional fails to file or files an inadequate disclosure, is not a disinterested person (has a conflict under bankruptcy law), or represents or holds an adverse interest in the case.

Full Legal Text

Title 48, §2178

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)In this section:
(1)The term “List of Material Interested Parties” means the List of Material Interested Parties established under subsection (c)(1).
(2)The term “Oversight Board” has the meaning given the term in section 2104 of this title.
(b)(1)In a case commenced under section 2164 of this title, no attorney, accountant, appraiser, auctioneer, agent, or other professional person may be compensated under section 2176 or 2177 of this title unless prior to making a request for compensation, the professional person has filed with the court a verified statement conforming to the disclosure requirements of rule 2014(a) of the Federal Rules of Bankruptcy Procedure setting forth the connection of the professional person with any entity or person on the List of Material Interested Parties.
(2)A professional person that submits a statement under paragraph (1) shall promptly supplement the statement with any additional relevant information that becomes known to the person.
(3)Subject to any other applicable law, rule, or regulation, a professional person that fails to file or update a statement required under paragraph (1) or files a statement that the court determines does not represent a good faith effort to comply with this section shall disclose such failure in any filing required to conform to the disclosure requirements under rule 2014(a) of the Federal Rules of Bankruptcy Procedure.
(c)(1)Not later than 30 days after January 20, 2022, the Oversight Board shall establish a List of Material Interested Parties subject to—
(A)the approval of the court; and
(B)the right of the United States trustee or any party in interest to be heard on the approval.
(2)Except as provided in paragraph (3), the List of Material Interested Parties shall include—
(A)the debtor;
(B)any creditor;
(C)any other party in interest;
(D)any attorney or accountant of—
(i)the debtor;
(ii)any creditor; or
(iii)any other party in interest;
(E)the United States trustee and any person employed in the office of the United States trustee; and
(F)the Oversight Board, including the members, the Executive Director, and the employees of the Oversight Board.
(3)The List of Material Interested Parties may not include any person with a claim, the amount of which is below a threshold dollar amount established by the court that is consistent with the purpose of this section.
(d)(1)The United States trustee shall review each verified statement submitted pursuant to subsection (b) and may file with the court comments on such verified statements before the professionals filing such statements seek compensation under section 2176 or 2177 of this title.
(2)The United States trustee may object to applications filed under section 2176 or 2177 of this title that fail to satisfy the requirements of subsection (b).
(e)In a case commenced under section 2164 of this title, in connection with the review and approval of professional compensation under section 2176 or 2177 of this title filed after January 20, 2022, the court may deny allowance of compensation or reimbursement of expenses if—
(1)the professional person has failed to file the verified disclosure statements required under subsection (b)(1) or has filed inadequate disclosure statements under that subsection; or
(2)during the professional person’s employment in connection with the case, the professional person—
(A)is not a disinterested person (as defined in section 101 of title 11) relative to any entity or person on the List of Material Interested Parties; or
(B)represents or holds an adverse interest in connection with the case.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b)(1), (3), are set out in the Appendix to Title 11, Bankruptcy. This section, referred to in subsec. (c)(3), was in the original “this Act”, meaning Pub. L. 117–82, Jan. 20, 2022, 136 Stat. 3, known as the Puerto Rico Recovery Accuracy in Disclosures Act of 2021 and also as PRRADA, which enacted this section and provisions set out as a note under section 2101 of this title. Codification Section was enacted as part of the Puerto Rico Recovery Accuracy in Disclosures Act of 2021, also known as PRRADA, and not as part of the Puerto Rico Oversight, Management, and Economic Stability Act, also known as PROMESA, which comprises this chapter.

Reference

Citations & Metadata

Citation

48 U.S.C. § 2178

Title 48Territories and Insular Possessions

Last Updated

Apr 6, 2026

Release point: 119-73