Title 48, Territories and Insular PossessionsRelease 119-110

§2174 Confirmation

Title 48 › CHAPTER 20 — PUERTO RICO OVERSIGHT, MANAGEMENT, AND ECONOMIC STABILITY › SUBCHAPTER III — ADJUSTMENTS OF DEBTS › § 2174

Last updated Sep 23, 2026|Official source

Summary

A special taxpayer can object when the court is asked to approve a reorganization plan. The court must approve the plan only if these things are true: it follows the parts of title 11 that apply here under section 2161; it follows this subchapter’s rules; the debtor is not legally blocked from doing what the plan requires; holders of claims listed in 507(a)(2) get cash equal to their allowed claim on the plan’s effective date unless they agreed to something else; any needed legislative, regulatory, or electoral approvals have been obtained or the plan is clearly tied to getting them; the plan is doable and is in creditors’ best interests compared to non‑bankruptcy remedies under the territory’s laws and constitution; and the plan fits the Fiscal Plan the Oversight Board certified under subchapter II. If a plan has only one class of similar, impaired claims under section 2161(e) and the other requirements are met, the court may approve it even if sections 1129(a)(8) and 1129(a)(10) of title 11 are not satisfied, as long as the plan is fair and not unfairly discriminatory.

Full Legal Text

Title 48, §2174

Territories and Insular Possessions, Source: USLM XML via OLRC

(a)Objection
A special tax payer may object to confirmation of a plan.
(b)Confirmation
The court shall confirm the plan if—
(1)the plan complies with the provisions of title 11, made applicable to a case under this subchapter by section 2161 of this title;
(2)the plan complies with the provisions of this subchapter;
(3)the debtor is not prohibited by law from taking any action necessary to carry out the plan;
(4)except to the extent that the holder of a particular claim has agreed to a different treatment of such claim, the plan provides that on the effective date of the plan each holder of a claim of a kind specified in 507(a)(2) of title 11 will receive on account of such claim cash equal to the allowed amount of such claim;
(5)any legislative, regulatory, or electoral approval necessary under applicable law in order to carry out any provision of the plan has been obtained, or such provision is expressly conditioned on such approval;
(6)the plan is feasible and in the best interests of creditors, which shall require the court to consider whether available remedies under the non-bankruptcy laws and constitution of the territory would result in a greater recovery for the creditors than is provided by such plan; and
(7)the plan is consistent with the applicable Fiscal Plan certified by the Oversight Board under subchapter II.
(c)Confirmation for debtors with a single class of claims
If all of the requirements of section 2174(b) of this title and section 1129(a) of title 11, incorporated into this subchapter by section 2161 of this title other than section 1129(a)(8) and 1129(a)(10) are met with respect to a plan—
(1)with respect to which all claims are substantially similar under section 2161(e) of this title;
(2)that includes only one class of claims, which claims are impaired claims; and
(3)that was not accepted by such impaired class,
the court shall confirm the plan notwithstanding the requirements of such section 1129(a)(8) and 1129(a)(10) of title 11 if the plan is fair and equitable and does not discriminate unfairly with respect to such impaired class.

Reference

Citations & Metadata

Citation

48 U.S.C. § 2174

Title 48, Territories and Insular Possessions

Last Updated

Sep 23, 2026

Release point: 119-110