IN RE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD

No. 23-1737.

91 F.4th 501 (2024)

IN RE: The FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, as Representative for the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Sales Tax Financing Corporation, a/k/a Cofina; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Employees Retirement System of the Government of the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Highways and Transportation Authority; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority (PREPA); The Financial Oversight and Management Board for Puerto Rico, as Representative of the Puerto Rico Public Buildings Authority, Debtors. GoldenTree Asset Management LP; Syncora Guarantee, Inc., Movants-Appellants, v. The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority, Debtor-Appellee, Puerto Rico Fiscal Agency and Financial Advisory Authority, Interested Party-Appellee, Official Committee of Unsecured Creditors of all Title III Debtors other than PBA and Cofina, Intervenor, U.S. Bank National Association, as Trustee, Intervenor.

United States Court of Appeals, First Circuit.

January 22, 2024.


Attorney(s) appearing for the Case

Thomas E. Lauria , with whom Glenn M. Kurtz , John K. Cunningham , White & Case LLP, and Lydia M. Ramos Cruz were on brief, for appellant GoldenTree Asset Management LP.

Susheel Kirpalani , Eric Kay , Quinn Emanuel Urquhart & Sullivan, LLP, Rafael Escalera , Carlos R. Rivera-Ortiz , and Reichard & Escalera on brief for appellant Syncora Guarantee, Inc.

Martin J. Bienenstock , with whom Mark D. Harris , Margaret A. Dale , Timothy W. Mungovan , John E. Roberts , and Proskauer Rose LLP were on brief, for appellees the Financial Oversight and Management Board for Puerto Rico, as representative of the Puerto Rico Electric Power Authority, and the Puerto Rico Fiscal Agency and Financial Advisory Authority.

Pedro A. Jimenez , with whom Luc A. Despins , Eric D. Stolze , and Paul Hastings LLP were on brief, for intervenor Official Committee of Unsecured Creditors for all Title III Debtors, other than PBA and Cofina.

Michael C. McCarthy and Maslon LLP on brief for intervenor U.S. Bank National Association, as Trustee.

Before Kayatta, Thompson, and Rikelman, Circuit Judges.


This case arises from a proceeding to restructure the debts of the Commonwealth of Puerto Rico's public power company ("PREPA") under Title III of the Puerto Rico Oversight, Management, and Economic Stability Act ("PROMESA"). Appellants GoldenTree Asset Management and Syncora Guarantee...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases