Puerto Rico; Act III

Forthcoming in Capital Markets Law Journal (2020)

Seton Hall Public Law Research Paper Forthcoming

11 Pages Posted: 9 Aug 2020

See all articles by Stephen J. Lubben

Stephen J. Lubben

Seton Hall University - School of Law

Date Written: August 4, 2020

Abstract

The Commonwealth of Puerto Rico and certain of its affiliated entities have filed “bankruptcy” petitions under Title III of the Puerto Rico Oversight, Management, and Economic Stability Act ("PROMESA"). This short paper provides a brief update on the current status of the restructuring process. As is well known, Puerto Rico’s economy was already deeply distressed, and then came hurricanes, earthquakes, and COVID-19. Given the poor state of the local economy, the island arguably needs extensive debt relief. Before COVID-19, the oversight board had proposed modest debt relief, and even that was deemed unacceptable by bondholders, who argued for cuts to local pensions equal to those being faced by bondholders. As a result, the restructuring process is apt to continue to be quite lengthy and contentious. Puerto Rico’s indeterminate legal status – as neither U.S. state nor independent nation – further complicates matters.

Keywords: PROMESA; municipal debt; chapter 9; Puerto Rico; Article IV; Territories Clause; Bankruptcy Clause; sovereign debt

Suggested Citation

Lubben, Stephen J., Puerto Rico; Act III (August 4, 2020). Forthcoming in Capital Markets Law Journal (2020), Seton Hall Public Law Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3667126 or http://dx.doi.org/10.2139/ssrn.3667126

Stephen J. Lubben (Contact Author)

Seton Hall University - School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States
973-642-8857 (Phone)

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