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48 U.S.C. § 2164 — Petition and proceedings relating to peti-

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

48 U.S.C. § 2164 — Petition and proceedings relating to peti-

Page 370 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2164 law, but solely to the extent that it prohibits the payment of principal or interest by an en- tity not described in section 109(b)(2) of title 11, may not bind any creditor of a covered ter- ritory or any covered territorial instrumen- tality thereof that does not consent to the composition or moratorium; (2) a judgment entered under a law described in paragraph (1) may not bind a creditor that does not consent to the composition; and (3) unlawful executive orders that alter, amend, or modify rights of holders of any debt of the territory or territorial instrumentality, or that divert funds from one territorial in- strumentality to another or to the territory, shall be preempted by this chapter. (Pub. L. 114–187, title III, § 303, June 30, 2016, 130 Stat. 579.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (3), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Man- agement, and Economic Stability Act and also as PROMESA, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables. § 2164. Petition and proceedings relating to peti- tion (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. (b) Objection to petition After any objection to the petition, the court, after notice and a hearing, may dismiss the peti- tion if the petition does not meet the require- ments of this subchapter; however, this sub- section

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Page 370 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2164 law, but solely to the extent that it prohibits the payment of principal or interest by an en- tity not described in section 109(b)(2) of title 11, may not bind any creditor of a covered ter- ritory or any covered territorial instrumen- tality thereof that does not consent to the composition or moratorium; (2) a judgment entered under a law described in paragraph (1) may not bind a creditor that does not consent to the composition; and (3) unlawful executive orders that alter, amend, or modify rights of holders of any debt of the territory or territorial instrumentality, or that divert funds from one territorial in- strumentality to another or to the territory, shall be preempted by this chapter. (Pub. L. 114–187, title III, § 303, June 30, 2016, 130 Stat. 579.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (3), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Man- agement, and Economic Stability Act and also as PROMESA, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables. § 2164. Petition and proceedings relating to peti- tion (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. (b) Objection to petition After any objection to the petition, the court, after notice and a hearing, may dismiss the peti- tion if the petition does not meet the require- ments of this subchapter; however, this sub- section 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 sub- chapter 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 jurisdic- tion shall not affect the validity of any debt in- curred that is authorized by the court under sec- tion 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 sub- mit 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 Fed- eral police or regulatory laws, including laws re- lating to the environment, public health or safe- ty, or territorial laws implementing such Fed- eral legal provisions. This includes compliance obligations, requirements under consent decrees or judicial orders, and obligations to pay associ- ated administrative, civil, or other penalties. (i) Voting on debt adjustment plans not stayed Notwithstanding any provision in this sub- chapter 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. (Pub. L. 114–187, title III, § 304, June 30, 2016, 130 Stat. 579.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (h), was in the original ‘‘This Act’’, meaning Pub. L. 114–187, June 30, 2016, 130 Stat. 549, known as the Puerto Rico Oversight, Management, and Economic Stability Act and also as PROMESA, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of this title and Tables. § 2165. Limitation on jurisdiction and powers of court Subject to the limitations set forth in sub- chapters I and II of this chapter, notwith- standing any power of the court, unless the Oversight Board consents or the plan so pro- vides, the court may not, by any stay, order, or decree, in the case or otherwise, interfere with— (1) any of the political or governmental pow- ers of the debtor; (2) any of the property or revenues of the debtor; or (3) the use or enjoyment by the debtor of any income-producing property. (Pub. L. 114–187, title III, § 305, June 30, 2016, 130 Stat. 580.) § 2166. Jurisdiction (a) Federal subject matter jurisdiction The district courts shall have— (1) except as provided in paragraph (2), origi- nal and exclusive jurisdiction of all cases under this subchapter; and (2) except as provided in subsection (b), and notwithstanding any Act of Congress that con- fers exclusive jurisdiction on a court or courts

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

48 U.S.C. § 2164 — No full faith and credit of the United States

**(a) In general** The full faith and credit of the United States is not pledged for the payment of any principal of or interest on any bond, note, or other obligation issued by a covered territory or covered territorial instrumentality. The United States is not responsible or liable for the payment of any principal of or interest on any bond, note, or other obligation issued by a covered territory or covered territorial instrumentality. **(b) Subject to appropriations** Any claim to which the United States is determined to be liable under this chapter shall be subject to appropriations. **(c) Funding** No Federal funds shall be authorized by this chapter for the payment of any liability of the territory or territorial instrumentality.

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