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48 U.S.C. § 2167 — Applicability of other laws; definitions

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

48 U.S.C. § 2167 — Applicability of other laws; definitions

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Source file: Laws/federal/codes/united-states-code/title-48/section-2167-applicability-of-other-laws-definitions--0cf78655ec.md
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Source location: Title 48, Chapter 20, § 2167; chapter-020-puerto-rico-oversight-management-and-economic-stability.md

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**(a) Sections applicable to cases under this subchapter** Sections 101 (except as otherwise provided in this section), 102, 104, 105, 106, 107, 108, 112, 333, 344, 347(b), 349, 350(b), 351, 361, 362, 364(c), 364(d), 364(e), 364(f), 365, 366, 501, 502, 503, 504, 506, 507(a)(2), 509, 510, 524(a)(1), 524(a)(2), 544, 545, 546, 547, 548, 549(a), 549(c), 549(d), 550, 551, 552, 553, 555, 556, 557, 559, 560, 561, 562, 902 (except as otherwise provided in this section), 922, 923, 924, 925, 926, 927, 928, 942, 944, 945, 946, 1102, 1103, 1109, 1111(b), 1122, 1123(a)(1), 1123(a)(2), 1123(a)(3), 1123(a)(4), 1123(a)(5), 1123(b), 1123(d), 1124, 1125, 1126(a), 1126(b), 1126(c), 1126(e), 1126(f), 1126(g), 1127(d), 1128, 1129(a)(2), 1129(a)(3), 1129(a)(6), 1129(a)(8), 1129(a)(10), 1129(b)(1), 1129(b)(2)(A), 1129(b)(2)(B), 1142(b), 1143, 1144, 1145, and 1146(a) of title 11 apply in a case under this subchapter and [section 930 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section930&num=0&edition=prelim) applies in a case under this subchapter; however, section 930 shall not apply in any case during the first 120 days after the date on which such case is commenced under this subchapter. **(b) Meanings of terms** A term used in a section of title 11, made applicable in a case under this subchapter by subsection (a), has the meaning given to the term for the purpose of the applicable section, unless the term is otherwise defined in this subchapter. **(c) Definitions** In this subchapter: (1) **Affiliate** — The term “affiliate” means, in addition to the definition made applicable in a case under this subchapter by subsection (a)— (A) for a territory, any territorial instrumentality; and (B) for a territorial instrumentality, the governing territory and any of the other territorial instrumentalities of the territory. (2) **Debtor** — The term “debtor” means the territory or covered territorial instrumentality concerning which a case under this subchapter has been commenced. (3) **Holder of a claim or interest** — The term “holder of a claim or interest”, when used in [section 1126 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1126&num=0&edition=prelim), made applicable in a case under this subchapter by subsection (a)— (A) shall exclude any Issuer or Authorized Instrumentality of the Territory Government Issuer (as defined under subchapter VI of this chapter) or a corporation, trust or other legal entity that is controlled by the Issuer or an Authorized Territorial Instrumentality of the Territory Government Issuer, provided that the beneficiaries of such claims, to the extent they are not referenced in this subparagraph, shall not be excluded, and that, for each excluded trust or other legal entity, the court shall, upon the request of any participant or beneficiary of such trust or entity, at any time after the commencement of the case, order the appointment of a separate committee of creditors pursuant to [section 1102(a)(2) of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1102/a/2&num=0&edition=prelim); and (B) with reference to Insured Bonds, shall mean the monoline insurer insuring such Insured Bond to the extent such insurer is granted the right to vote Insured Bonds for purposes of directing remedies or consenting to proposed amendments or modifications as provided in the applicable documents pursuant to which such Insured Bond was issued and insured. (4) **Insured Bond** — The term “Insured Bond” means a bond subject to a financial guarantee or similar insurance contract, policy and/or surety issued by a monoline insurer. (5) **Property of the estate** — The term “property of the estate”, when used in a section of title 11 made applicable in a case under this subchapter by subsection (a), means property of the debtor. (6) **State** — The term “State” 11 So in original. Probably should be followed by a comma. when used in a section of title 11 made applicable in a case under this subchapter by subsection (a) 1 means State or territory when used in reference to the relationship of a State to the municipality of the State or the territorial instrumentality of a territory, as applicable. (7) **Trustee** — The term “trustee”, when used in a section of title 11 made applicable in a case under this subchapter by subsection (a), means the Oversight Board, except as provided in [section 926 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section926&num=0&edition=prelim). The term “trustee” as described in this paragraph does not mean the U.S. Trustee, an official of the United States Trustee Program, which is a component of the United States Department of Justice. **(d) Reference to subchapter** Solely for purposes of this subchapter, a reference to “this title”, “this chapter”, or words of similar import in a section of title 11 made applicable in a case under this subchapter by subsection (a) or to “this title”, “title 11”, “Chapter 9”, “Chapter 11”, “the Code”, or words of similar import in the Federal Rules of Bankruptcy Procedure made applicable in a case under this subchapter shall be deemed to be a reference to this subchapter. **(e) Substantially similar** In determining whether claims are “substantially similar” for the purpose of [section 1122 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1122&num=0&edition=prelim), made applicable in a case under this subchapter by subsection (a), the Oversight Board shall consider whether such claims are secured and whether such claims have priority over other claims. **(f) Operative clauses** A section made applicable in a case under this subchapter by subsection (a) that is operative if the business of the debtor is authorized to be operated is operative in a case under this subchapter.

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

11 U.S.C. § 1126 — Acceptance of plan

**(a)** The holder of a claim or interest allowed under [section 502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section502&num=0&edition=prelim) may accept or reject a plan. If the United States is a creditor or equity security holder, the Secretary of the Treasury may accept or reject the plan on behalf of the United States. **(b)** For the purposes of subsections (c) and (d) of this section, a holder of a claim or interest that has accepted or rejected the plan before the commencement of the case under this title is deemed to have accepted or rejected such plan, as the case may be, if— (1) the solicitation of such acceptance or rejection was in compliance with any applicable nonbankruptcy law, rule, or regulation governing the adequacy of disclosure in connection with such solicitation; or (2) if there is not any such law, rule, or regulation, such acceptance or rejection was solicited after disclosure to such holder of adequate information, as defined in [section 1125(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1125/a&num=0&edition=prelim). **(c)** A class of claims has accepted a plan if such plan has been accepted by creditors, other than any entity designated under subsection (e) of this section, that hold at least two-thirds in amount and more than one-half in number of the allowed claims of such class held by creditors, other than any entity designated under subsection (e) of this section, that have accepted or rejected such plan. **(d)** A class of interests has accepted a plan if such plan has been accepted by holders of such interests, other than any entity designated under subsection (e) of this section, that hold at least two-thirds in amount of the allowed inter

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1126

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

11 U.S.C. § 930 — Dismissal

**(a)** After notice and a hearing, the court may dismiss a case under this chapter for cause, including— (1) want of prosecution; (2) unreasonable delay by the debtor that is prejudicial to creditors; (3) failure to propose a plan within the time fixed under [section 941 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section941&num=0&edition=prelim); (4) if a plan is not accepted within any time fixed by the court; (5) denial of confirmation of a plan under [section 943(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section943/b&num=0&edition=prelim) and denial of additional time for filing another plan or a modification of a plan; or (6) if the court has retained jurisdiction after confirmation of a plan— (A) material default by the debtor with respect to a term of such plan; or (B) termination of such plan by reason of the occurrence of a condition specified in such plan. **(b)** The court shall dismiss a case under this chapter if confirmation of a plan under this chapter is refused.

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 930

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

11 U.S.C. § 1122 — Classification of claims or interests

**(a)** Except as provided in subsection (b) of this section, a plan may place a claim or an interest in a particular class only if such claim or interest is substantially similar to the other claims or interests of such class. **(b)** A plan may designate a separate class of claims consisting only of every unsecured claim that is less than or reduced to an amount that the court approves as reasonable and necessary for administrative convenience.

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1122

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

11 U.S.C. § 926 — Avoiding powers

**(a)** If the debtor refuses to pursue a cause of action under section 544, 545, 547, 548, 549(a), or 550 of this title, then on request of a creditor, the court may appoint a trustee to pursue such cause of action. **(b)** A transfer of property of the debtor to or for the benefit of any holder of a bond or note, on account of such bond or note, may not be avoided under [section 547 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section547&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 926

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

48 U.S.C. § 2172 — Jurisdiction

**(a) Federal subject matter jurisdiction** The district courts shall have— (1) except as provided in paragraph (2), original and exclusive jurisdiction of all cases under this subchapter; and (2) except as provided in subsection (b), and notwithstanding any Act of Congress that confers exclusive jurisdiction on a court or courts other than the district courts, original but not exclusive jurisdiction of all civil proceedings arising under this subchapter, or arising in or related to cases under this subchapter. **(b) Property jurisdiction** The district court in which a case under this subchapter is commenced or is pending shall have exclusive jurisdiction of all property, wherever located, of the debtor as of the commencement of the case. **(c) Personal jurisdiction** The district court in which a case under this subchapter is pending shall have personal jurisdiction over any person or entity. **(d) Removal, remand, and transfer** (1) **Removal** — A party may remove any claim or cause of action in a civil action, other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce the police or regulatory power of the governmental unit, to the district court for the district in which the civil action is pending, if the district court has jurisdiction of the claim or cause of action under this section. (2) **Remand** — The district court to which the claim or cause of action is removed under paragraph (1) may remand the claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision not to remand, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291 or 1292 of title 28 or by the Supreme Court of the United

Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 2172

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

48 U.S.C. § 2167 — Venue

Page 371 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2167 other than the district courts, original but not exclusive jurisdiction of all civil proceedings arising under this subchapter, or arising in or related to cases under this subchapter. (b) Property jurisdiction The district court in which a case under this subchapter is commenced or is pending shall have exclusive jurisdiction of all property, wher- ever located, of the debtor as of the commence- ment of the case. (c) Personal jurisdiction The district court in which a case under this subchapter is pending shall have personal juris- diction over any person or entity. (d) Removal, remand, and transfer (1) Removal A party may remove any claim or cause of action in a civil action, other than a pro- ceeding before the United States Tax Court or a civil action by a governmental unit to en- force the police or regulatory power of the governmental unit, to the district court for the district in which the civil action is pend- ing, if the district court has jurisdiction of the claim or cause of action under this section. (2) Remand The district court to which the claim or cause of action is removed under paragraph (1) may remand the claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision not to remand, is not re- viewable by appeal or otherwise by the court of appeals under section 158(d), 1291 or 1292 of title 28 or by the Supreme Court of the United States under section 1254 of title 28. (3) Transfer A district court shall transfer any civil pro- ceeding arising under this subchapter, or aris- ing in or related to a case under this sub- chapter, to the district court in which the case under this subcha

Source: Supplied 2024 U.S. Code historical extraction · 48 U.S.C. § 2167

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