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48 U.S.C. § 2170 — Petition and proceedings relating to petition

Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2170 — Petition and proceedings relating to petition

**(a) Commencement of case** A voluntary case under this subchapter is commenced by the filing with the district court of a petition by the Oversight Board pursuant to the determination under [section 2146 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2146&num=0&edition=prelim). **(b) Objection to petition** After any objection to the petition, the court, after notice and a hearing, may dismiss the petition if the petition does not meet the requirements of this subchapter; however, this subsection shall not apply in any case during the first 120 days after the date on which such case is commenced under this subchapter. **(c) Order for relief** The commencement of a case under this subchapter constitutes an order for relief. **(d) Appeal** The court may not, on account of an appeal from an order for relief, delay any proceeding under this subchapter in the case in which the appeal is being taken, nor shall any court order a stay of such proceeding pending such appeal. **(e) Validity of debt** The reversal on appeal of a finding of jurisdiction shall not affect the validity of any debt incurred that is authorized by the court under section 364(c) or 364(d) of title 11. **(f) Joint filing of petitions and plans permitted** The Oversight Board, on behalf of debtors under this subchapter, may file petitions or submit or modify plans of adjustment jointly if the debtors are affiliates; provided, however, that nothing in this subchapter shall be construed as authorizing substantive consolidation of the cases of affiliated debtors. **(g) Joint administration of affiliated cases** If the Oversight Board, on behalf of a debtor and one or more affiliates, has filed separate cases and the Oversight Board, on behalf of the debtor or

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Source location: Title 48, Chapter 20, § 2170; chapter-020-puerto-rico-oversight-management-and-economic-stability.md

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**(a) Commencement of case** A voluntary case under this subchapter is commenced by the filing with the district court of a petition by the Oversight Board pursuant to the determination under [section 2146 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section2146&num=0&edition=prelim). **(b) Objection to petition** After any objection to the petition, the court, after notice and a hearing, may dismiss the petition if the petition does not meet the requirements of this subchapter; however, this subsection shall not apply in any case during the first 120 days after the date on which such case is commenced under this subchapter. **(c) Order for relief** The commencement of a case under this subchapter constitutes an order for relief. **(d) Appeal** The court may not, on account of an appeal from an order for relief, delay any proceeding under this subchapter in the case in which the appeal is being taken, nor shall any court order a stay of such proceeding pending such appeal. **(e) Validity of debt** The reversal on appeal of a finding of jurisdiction shall not affect the validity of any debt incurred that is authorized by the court under section 364(c) or 364(d) of title 11. **(f) Joint filing of petitions and plans permitted** The Oversight Board, on behalf of debtors under this subchapter, may file petitions or submit or modify plans of adjustment jointly if the debtors are affiliates; provided, however, that nothing in this subchapter shall be construed as authorizing substantive consolidation of the cases of affiliated debtors. **(g) Joint administration of affiliated cases** If the Oversight Board, on behalf of a debtor and one or more affiliates, has filed separate cases and the Oversight Board, on behalf of the debtor or one of the affiliates, files a motion to administer the cases jointly, the court may order a joint administration of the cases. **(h) Public safety** This chapter may not be construed to permit the discharge of obligations arising under Federal police or regulatory laws, including laws relating to the environment, public health or safety, or territorial laws implementing such Federal legal provisions. This includes compliance obligations, requirements under consent decrees or judicial orders, and obligations to pay associated administrative, civil, or other penalties. **(i) Voting on debt adjustment plans not stayed** Notwithstanding any provision in this subchapter to the contrary, including sections of title 11 incorporated by reference, nothing in this section shall prevent the holder of a claim from voting on or consenting to a proposed modification of such claim under subchapter VI of this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2146 — Ethics

**(a) Conflict of interest** Notwithstanding any ethics provision governing employees of the covered territory, all members and staff of the Oversight Board shall be subject to the Federal conflict of interest requirements described in [section 208 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section208&num=0&edition=prelim). **(b) Financial disclosure** Notwithstanding any ethics provision governing employees of the covered territory, all members of the Oversight Board and staff designated by the Oversight Board shall be subject to disclosure of their financial interests, the contents of which shall conform to the same requirements set forth in [section 13104 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section13104&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2101 — Federal agency requirements

**(a) Federal Points of Contact** At the request of the Revitalization Coordinator and within 30 days of receiving such a request, each Federal agency with jurisdiction over the permitting, or administrative or environmental review of private or public projects in Puerto Rico, shall name a Point of Contact who will serve as that agency’s liaison with the Revitalization Coordinator. **(b) Federal grants and loans** For each Critical Project with a pending or potential Federal grant, loan, or loan guarantee application, the Revitalization Coordinator and the relevant Point of Contact shall cooperate with each other to ensure expeditious review of such application. **(c) Expedited reviews and actions of Federal agencies** All reviews conducted and actions taken by any Federal agency relating to a Critical Project shall be expedited in a manner consistent with completion of the necessary reviews and approvals by the deadlines under the Expedited Permitting Process, but in no way shall the deadlines established through the Expedited Permitting Process be binding on any Federal agency.

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 2170 — Applicable rules of procedure

Page 372 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2168 1 So in original. Probably should be preceded by ‘‘section’’. § 2168. Selection of presiding judge (a) For cases in which the debtor is a terri- tory, the Chief Justice of the United States shall designate a district court judge to sit by designation to conduct the case. (b) For cases in which the debtor is not a terri- tory, and no motion for joint administration of the debtor’s case with the case of its affiliate territory has been filed or there is no case in which the affiliate territory is a debtor, the chief judge of the court of appeals for the circuit embracing the district in which the case is com- menced shall designate a district court judge to conduct the case. (Pub. L. 114–187, title III, § 308, June 30, 2016, 130 Stat. 582.) § 2169. Abstention Nothing in this subchapter prevents a district court in the interests of justice from abstaining from hearing a particular proceeding arising in or related to a case under this subchapter. (Pub. L. 114–187, title III, § 309, June 30, 2016, 130 Stat. 583.) § 2170. Applicable rules of procedure The Federal Rules of Bankruptcy Procedure shall apply to a case under this subchapter and to all civil proceedings arising in or related to cases under this subchapter. (Pub. L. 114–187, title III, § 310, June 30, 2016, 130 Stat. 583.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Bankruptcy Procedure, referred to in text, are set out in the Appendix to Title 11, Bankruptcy. § 2171. Leases A lease to a territory or territorial instrumen- tality shall not be treated as an executory con- tract or unexpired lease for the purposes of sec- tion 365 or 502(b)(6) of title 11 solely by reason of the lease being subject to termination

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