United States Supreme Court

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Puerto Rico v. Franklin Cal. Tax-Free Trust, 15-233

In a suit to enjoin the Puerto Rico Public Corporation Debt Enforcement and Recovery Act, portions of which mirror Chapters 9 and 11 of the Federal Bankruptcy Code and enable Puerto Rico's public utility corporations to restructure their climbing debt, the where section 903(1) of the Bankruptcy Code pre-empts Puerto Rico's Recovery Act, the First Circuit's affirmance of the District Court's judgment enjoining the Act, on grounds that the Bankruptcy Code's definition of "State" to include Puerto Rico, except for purposes of defining who may be a debtor under Chapter 9 section 101(52), did not remove Puerto Rico from the scope of the pre-emption provision, is affirmed where section 903(1) of the Bankruptcy Code pre-empts Puerto Rico's Recovery Act.

Appellate Information

  • Decided
  • Published 2016/06/13

Judges

  • THOMAS

Court

  • United States Supreme Court

Counsel