reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 7 - Reimbursement of Sums Collected Unlawfully or Unduly, or in Excess (§§ 101 — 102) › § 101 - Reimbursement authorized; limitations; taxes excluded

Whenever it is found to the satisfaction of the Secretary of the Treasury of Puerto Rico, either upon the application of an interested party, or upon investigation by the Secretary of the Treasury of Puerto Rico, upon making the revision and correction of receipts of revenues from all sources, that any moneys have been collected unlawfully or unduly, or in excess by the Secretary of the Treasury of Puerto Rico, or by his agents or any other official or officer lawfully authorized to collect and deposit public funds, or that any moneys have been unduly credited through adjustment or transfer vouchers, the Secretary of the Treasury of Puerto Rico or the head of the department or agency where the claims have originated, is hereby authorized to issue, with the approval of the Secretary of the Treasury of Puerto Rico, a settlement warrant for the corresponding amount in favor of the interested party claimant, or to issue an adjustment voucher to correct the error; Provided, That reimbursement of amounts collected unlawfully or unduly, or in excess of the amount due shall not be granted after the lapse of four (4) years from the date of the payment of said amounts or of the adjustment of said vouchers, unless before the expiration of the said term of four (4) years, the interested party applies in writing to the Secretary of the Treasury for the reimbursement thereof; and, Provided, further, That §§ 101 and 102 of this title shall not be construed in the sense of authorizing the reimbursement of any kind of taxes collected unlawfully or unduly, or in excess.
History —Feb. 12, 1904, p. 182, § 1; Mar. 29, 1945, No. 10, p. 32; Apr. 3, 1946, No. 261, p. 540; May 13, 1947, No. 388, p. 744, § 2; May 10, 1949, No. 231, p. 718, § 2, eff. July 1, 1949.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 7 - Reimbursement of Sums Collected Unlawfully or Unduly, or in Excess (§§ 101 — 102) › § 102 - Source of refunds; costs and interest

The amount necessary to cover the refund of such moneys improperly collected shall be paid by the Secretary of the Treasury of Puerto Rico chargeable to the funds into which the proceeds of said moneys shall have been originally covered; Provided, That when by administrative action, by order of the Court of First Instance, by judgment of a court or by other competent authority, the payment of costs and interest is ordered on the refund of such moneys, these shall be paid chargeable, preferentially, to the funds into which were covered the moneys improperly collected which gave rise to the judgment or order; Provided, further, That (1) when it may be impracticable to prorate the charges for interest and costs against several funds, and (2) when the moneys subject to the refund were covered originally into the general funds of the public treasury, the Secretary of the Treasury of Puerto Rico is hereby authorized to pay said moneys chargeable to the general fund, upon the proper warrant of appropriation and payment voucher.
History —Feb. 12, 1904, p. 182, § 2; Apr. 29, 1949, No. 144, p. 384, § 1, eff. 90 days after Apr. 29, 1949.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111 - Short title and fiscal emergency

(a) This chapter shall be known and may be cited as the “Puerto Rico Public Corporation Debt Enforcement and Recovery Act”.
(b) Pursuant to §§ 9101 et seq. of Title 3, the Legislative Assembly has declared a state of fiscal emergency for the Commonwealth and its instrumentalities.
(c) The Legislative Assembly, in the exercise of its police power, is empowered to adopt measures aimed at protecting the public health, safety and welfare in a structured manner, while addressing the current fiscal situation of the Commonwealth and, in particular, of its public corporations. To that end, the Legislative Assembly may adopt legislation in response to social and economic interests, as well as in emergencies. Section 19 of the Bill of Rights of the Commonwealth Constitution provides that the enumeration of rights contained in Article II shall not be construed as to restrict “[t]he power of the Legislative Assembly to enact laws for the protection of the life, health and general welfare of the people”. Similarly, Section 18 of the Bill of Rights of the Commonwealth Constitution gives this Legislative Assembly authority to enact laws to address grave emergencies that imperil the public health, safety or essential public services.
(d) This chapter is adopted in the exercise of the Commonwealth’s police power, as well as under the Legislative Assembly’s power to adopt laws for the protection of the life, health and welfare of the people, such as in emergencies where the health, public safety and essential government services are clearly endangered. For these reasons, this chapter shall prevail over any other law.
(e) The public policy of this chapter shall be to restore the credit of the public corporations of the Commonwealth by improving the fiscal condition of the public corporations without affecting the essential functions of such entities.
History —June 28, 2014, No. 71, § 101.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111b - Interpretation

(a) The terms of this chapter shall be liberally construed in favor of furthering the legislative objectives of this chapter.
(b) The singular includes the plural.
(c) Any neuter personal pronoun shall be considered to mean the corresponding masculine or feminine personal pronoun, as the context requires.
(d) The phrase “after notice and a hearing”, or other similar phrase means after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances, provided, however, an act may be authorized without a hearing if notice is given properly under the circumstances and if:
(1) A hearing is not timely requested by a party in interest; or
(2) there is insufficient time for a hearing to be commenced before such act must be done, and the court authorizes such act.
(e) The phrase “at any time” means at any time and from time to time.
(f) A “claim against the petitioner’ includes any claim against property of the petitioner.
(g) The words “includes” and “including” are not limiting.
(h) The phrase “may not” is prohibitive, and not discretionary.
(i) The word “or” is not exclusive.
(j) The phrase “applicable law” includes applicable laws, rules, and regulations, including this chapter.
(k) A definition contained in a section of this chapter that refers to another section of this chapter does not, for the purpose of such reference, affect the meaning of a term used in such other section.
(l) The phrase “counterparty” means:
(1) With respect to a collective bargaining agreement, the union that is a bargaining unit under such contract, and not any individual member of such union;
(2) with respect to a pension fund, the administrator of such pension fund, and not any beneficiary of such fund; and
(3) with respect to a retirement or post-employment benefit plan, the administrator of such retirement or post-employment benefit plan, and not any beneficiary of such plan.
(m) The phrase “final and unappealable” shall mean a final and unappealable order, resolution, judgment, or other ruling that is no longer subject to appeal or certiorari proceeding.
(n) The phrase “use or transfer” includes a lease and a sale and lease back transaction.
(o) Any reference to “website” with respect to an eligible obligor or a petitioner means either the website of such eligible obligor or petitioner, or the website specified in § 111t of this title.
(p) For purposes of interpreting this chapter, the Court shall consider to the extent applicable jurisprudence interpreting title 11 of the United States Code.
(q) The phrases “goods” or “services” do not include money loaned or other financial debt incurred.
History —June 28, 2014, No. 71, § 103.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111c - Applicability of act

This chapter is applicable as to all debts-as they exist, prior to, on, and after the effective date of this act-of any public sector obligor that requests relief under §§ 112-112f of this title or that files a petition under §§ 113-113nn of this title; Provided, however, That some of a public sector obligor’s debt may remain unaffected by this chapter as provided herein.
History —June 28, 2014, No. 71, § 104.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111d - Evidentiary standard

Unless expressly otherwise provided, the requisite standard of proof in any proceeding under this chapter is proof by a preponderance of the evidence.
History —June 28, 2014, No. 71, § 105.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111e - Savings and severability clause

This chapter shall be interpreted in a manner to render it valid to the extent practicable in accordance with the Commonwealth Constitution and the U.S. Constitution. If any clause, paragraph, subparagraph, article, provision, section, subsection, or part of this chapter, were to be declared unconstitutional by a competent court, the order to such effect issued by such court will neither affect nor invalidate the remainder of this chapter. The effect of such an order shall be limited to the clause, paragraph, subparagraph, article, provision, section, subsection, or part of this chapter declared unconstitutional.
History —June 28, 2014, No. 71, § 106.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111f - Language conflict

This chapter shall be adopted both in English and Spanish. If in the interpretation or application of this chapter any conflict arises as between the English and Spanish texts thereof, the English text shall govern. It is recognized that certain terms and phrases used in this chapter are terms and phrases used in English in the context of Title 11 of the U.S. Code.
History —June 28, 2014, No. 71, § 107.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111g - Inapplicability of other laws

(a) Any other Commonwealth law or any certificate of incorporation, bylaw, or other governing instrument of any Commonwealth entity is superseded to the extent inconsistent with this chapter. Any and all procedural rules herein shall supersede any other conflicting Commonwealth law to the extent inconsistent with this chapter. For the avoidance of doubt, the Commerce Code of 1932, as amended, and §§ 61 and 62 of Title 10, do not apply to any public sector obligor under this chapter.
(b) This chapter supersedes and annuls any insolvency or custodian provision included in the enabling or other act of any public corporation, including § 207 of Title 22, and § 153 of Title 22.
(c) Any contradiction between the enabling or other act of any public corporation or otherwise applicable Commonwealth law and this chapter shall be resolved as if this chapter supersedes. For purposes of § 217 of Title 22 and the special provisions note under § 2001 of Title 9, this chapter shall be interpreted as specifically amending such §§ 191-217 of Title 22 and §§ 2001 et seq. of Title 9, respectively. Nothing contained in the aforementioned §§ 191-217 of Title 22, nor in the enabling legislation of any other Commonwealth entity shall be construed as limiting in any way the application of the provisions of this chapter.
History —June 28, 2014, No. 71, § 108.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111h - The Court

(a) The Public Sector Debt Enforcement and Recovery Act Courtroom is created herein, which shall be located in and be part of the Court of First Instance, San Juan Part. The Chief Justice of the Supreme Court may designate a judge of the Puerto Rico judicial system.
(b) A judge appointed pursuant to subsection (a) of this section may appoint a special commissioner in accordance with Rule 41 of the Puerto Rico Rules of Civil Procedure. The special commissioner must be a person of recognized expertise in financial matters, including insolvency proceedings. The special commissioner is empowered to oversee multiple proceedings under either or both §§ 112-112f of this title and §§ 113-113nn of this title, either simultaneously or sequentially.
(c) An eligible obligor or a petitioner, as applicable, shall reimburse the appropriate entity within the Judiciary Branch for the costs of administering any proceeding under this chapter, including the reasonable and documented costs and expenses of the special commissioner, if any, and, if multiple eligible obligors and/or petitioners exist, the incremental costs shall be allocated among them.
History —June 28, 2014, No. 71, § 109.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111i - Responsibilities and powers of the Court

(a) In keeping with the prescribed time periods in other sections of this chapter, the Court shall endeavor to conduct any proceeding under §§ 112-112f of this title or to resolve a case under §§ 113-113nn of this title with all deliberate speed and efficiency consistent with due process, and taking into account that continuing uncertainty about the resolution of the proceeding is harmful to creditors, to the viability of the public sector obligor, to the credit of the Commonwealth entities, and to the well-being of the residents and businesses in the Commonwealth.
(b) The Court may issue any order and conduct any processes necessary or appropriate to carry out the provisions of this chapter. No provision of §§ 112-112f of this title or §§ 113-113nn of this title providing for the raising of an issue by a party in interest shall be construed to preclude the Court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement Court orders or rules, or to prevent an abuse of process.
(c) Notwithstanding any other Commonwealth law, or any contract that is binding on any Commonwealth entity or to which any of its property is subject, no court established by the Commonwealth shall appoint a custodian with respect to the public sector obligor during the suspension period under §§ 112-112f of this title or in or during its case under §§ 113-113nn of this title under any applicable law or contract.
History —June 28, 2014, No. 71, § 110.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111j - Subject matter, personal, and in rem jurisdiction

(a) Unless otherwise provided for in this chapter, the Court shall have original jurisdiction and exclusive jurisdiction, except in relation to a federal court exercising federal jurisdiction, to consider and adjudicate all disputes arising out of or related to this chapter, including the following:
(1) All disputes arising out of or related to affected debt instruments during the suspension period;
(2) all disputes, whether prior to or after entry of an approval order, arising under or related to §§ 112-112f of this title, arising in any proceeding under §§ 112-112f of this title, or related to a consensual debt relief transaction proposed under §§ 112-112f of this title, including any dispute as to who votes or consents under this chapter;
(3) all disputes arising under §§ 113-113nn of this title or arising in or related to a case under or related to §§ 113-113nn of this title, including those related to affected debt; and
(4) all proceedings or matters related to the preceding clauses (1) through (3), including proceedings to interpret or enforce an approval order, a confirmed plan, a transfer order, a final statement of allocation, or any part of this chapter.
(b) The Court shall have personal jurisdiction over all entities to the fullest extent permitted by the Commonwealth Constitution and the U.S. Constitution. The Court shall have in rem jurisdiction over the property of each public sector obligor.
(c) The Court shall retain subject matter and in rem jurisdiction to interpret and enforce:
(1) A consensual debt relief transaction as to which it has entered an approval order under §§ 112-112f of this title; and
(2) a transfer order, a final statement of allocation, and a plan confirmed under §§ 113-113nn of this title.
History —June 28, 2014, No. 71, § 111.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111k - Interaction of §§ 112-112f and 113-113nn of this title

A public sector obligor with the approval of GDB (or, upon the Governor’s request, GDB on the public sector obligor’s behalf) may seek relief under either §§ 112-112f of this title or §§ 113-113nn of this title, or both simultaneously or sequentially, subject to § 111l of this title, and may withdraw, in its discretion, a suspension period notice or any obligation identified in a suspension period notice, a proposal for a consensual debt relief transaction, or an application for entry of an approval order under §§ 112-112f of this title, prior to entry of an approval order that has become a final and unappealable order. The petitioner, with the approval of GDB (or, upon the Governor’s request, GDB on the petitioner’s behalf), may withdraw a petition under chapter 3 of this Act.
History —June 28, 2014, No. 71, § 112.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111l - Eligibility

(a) A public sector obligor is eligible for §§ 112-112f of this title, if it is authorized to commence a consensual debt relief transaction pursuant to clause (1) or (2) of subsection (b) of § 112 of this title.
(b) A petitioner is eligible for §§ 113-113nn of this title, if it:
(1) Is insolvent;
(2) is authorized to file a petition under §§ 113-113nn of this title by its governing body and GDB, or a petition is filed on its behalf by GDB, upon the Governor’s request; and
(3) is ineligible for relief under title 11 of the United States Code, because, among other reasons:
(A) It is not a “municipality” having permission of a “state” to file a chapter 9 petition, each as defined in title 11 of the United States Code; and
(B) it is a “governmental unit,” as defined in title 11 of the United States Code, that may not seek relief under chapter 11 of title 11 of the United States Code.
History —June 28, 2014, No. 71, § 113.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111m - Binding nature of Court determinations

Any determination of the Court shall be binding on the eligible obligor or the petitioner, any entity asserting claims or other rights, including a beneficial interest, in respect of affected debt instruments or affected debt of such eligible obligor or such petitioner, any trustee, any collateral agent, any indenture trustee, any fiscal agent, any bank that receives or holds funds from such eligible obligor or such petitioner related to the affected debt instruments or affected debt, and any other entity specifically identified in such determination by the Court or the order memorializing such determination.
History —June 28, 2014, No. 71, § 114.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111o - Service of process

Except as otherwise ordered by the Court, service of process may be made by any of the means described in subsections (a), (b), or (c) below:
(a) Subject to § 113jj of this title, service of process may be made by the entities and in the manner prescribed by Rules 4.3 and 4.4 of the Puerto Rico Rules of Civil Procedure, or by notice by mail to the last known address of the individual or entity to be served.
(b) Notice by mail or direct transmission may be made in accordance with subsection (c)(2) of § 112c and § 113kk of this title or as the Court otherwise orders.
(c) Notice by publication.—
(1) The Court may order notice by publication if it finds that notice by mail is impracticable or that it is desirable to supplement the notice by mail.
(2) Pursuant to Rule 4.6 of the Puerto Rico Rules of Civil Procedure, or as further detailed below, notice by publication, published at least three (3) times at least fourteen (14) days prior to a specified hearing, in both a newspaper of national circulation in the United States, and a newspaper of general circulation in the Commonwealth, shall be required to supplement notice of:
(A) The approval hearing pursuant to subsection (b) of § 112c of this title with regard to a consensual debt relief transaction under §§ 112-112f of this title;
(B) the eligibility hearing pursuant to § 113e of this title;
(C) the hearing on a transfer of all or substantially all assets of the petitioner pursuant to section § 113f of this title; and
(D) the confirmation hearing pursuant to § 113m of this title.
(3) Notice by publication, published at least three (3) times during the fourteen (14) days after each event specified in paragraphs (A) and (B) of this clause, in both a newspaper of national circulation in the United States, and a newspaper of general circulation in the Commonwealth, shall be required to supplement notice of:
(A) The filing of an application pursuant to subsection (a) of § 112c of this title; and
(B) the filing of a petition pursuant to § 113 of this title.
History —June 28, 2014, No. 71, § 116.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111p - Application of the Puerto Rico Rules of Civil Procedure

To the extent not inconsistent with this chapter, the Puerto Rico Rules of Civil Procedure shall apply to any proceedings under §§ 112-112f of this title and §§ 113-113nn of this title.
History —June 28, 2014, No. 71, § 117.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111q - Language

(a) All pleadings, requests, and motions under this chapter shall be filed in accordance with Rule 8.7 of the Puerto Rico Rules of Civil Procedure; Provided, however, That all pleadings, requests, and motions filed in Spanish shall be accompanied by an English translation.
(b) All hearings, opinions, and orders shall be in the language designated by the presiding judge and in accordance with §§ 59-59f of Title 1.
(c) Each public sector obligor seeking relief under this chapter shall post on its website copies in Spanish and English of each consensual debt transaction proposed under §§ 112-112f of this title and each plan proposed in a case under §§ 113-113nn of this title.
History —June 28, 2014, No. 71, § 118.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111r - Notice of appearance and pleading requirements

(a) To the extent applicable under this chapter, any party in interest may file a notice of appearance with the Court requesting all notices and pleadings be transmitted to such party or its attorney at the email addresses specified in its notice of appearance, or, if an email address is not available, at the mailing address specified in its notice of appearance.
(b) Every pleading filed in a proceeding or case under this chapter shall include the mailing address and email address, if available, of the entity or entities on behalf of which the pleading is filed.
(c) Any entity filing a pleading, inclusive of a notice of appearance, with the Court shall email an identical copy of the document filed to the noticing agent, eligible obligor, or petitioner maintaining the website contemporaneously with filing the document with the Court or sending it to the Court for filing. Any entity not having the ability to send such a document by email shall mail it by certified mail to the noticing agent, eligible obligor, or petitioner maintaining the website contemporaneously with filing it with the Court or mailing it to the Court for filing.
(d) Each eligible obligor and petitioner shall include on each of its pleadings in bold, 12-point font the following statement: “Every entity filing a document with the Court under the Puerto Rico Public Corporation Debt Enforcement and Recovery Act shall email an identical copy of the document filed to the entity maintaining the website required by section 121 hereof to the following email address [insert email address here], or if unable to transmit emails shall mail the copy to the following address [insert mailing address here].
(e) All petititions and documents filed under this chapter shall be filed electronically. An electronic judicial file shall be kept for corresponding cases pursuant to the provisions of Rule 67.6 of the Rules of Civil Procedure and Act 148-2013.
History —June 28, 2014, No. 71, § 119.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111s - Objections

Whenever an entity objects to or challenges the relief requested under §§ 112-112f of this title or §§ 113-113nn of this title, such entity shall provide, within five (5) business days of an eligible obligor’s or a petitioner’s written request, all documents in its possession, custody, or control supporting, and all documents in its possession, custody, or control opposing, the objecting party’s claim and objection. This production shall be in addition to responses to any additional valid discovery requested by the eligible obligor or petitioner. Any such objection shall:
(a) Be in writing and filed with the Court, no later than seven (7) business days prior to the relevant hearing unless the Court orders otherwise or as otherwise specified in this chapter;
(b) articulate clearly the basis for the objection; and
(c) be accompanied by a statement, sworn under oath, that includes:
(1) The name of each objecting entity that holds or controls the beneficial interest in an affected debt instrument of the eligible obligor seeking relief under §§ 112-112f of this title or an affected debt of a petitioner in a case under §§ 113-113nn of this title;
(2) a description of the beneficial interest that is held or controlled by such objecting entity or any of its controlled affiliates (naming such affiliates) in any of the following:
(A) The affected debt instrument or any affected debt, including the amount of any claim;
(B) any interest, pledge, lien, option, participation, derivative instrument, or any other right or derivative right granting any of the foregoing entities or affiliates an economic interest that is affected by the value, acquisition, or disposition of the affected debt instrument or affected debt; and
(C) any credit default swap of any insurance company that insures any obligation of any Commonwealth entity;
(3) a statement whether each interest disclosed pursuant to paragraphs (A)-(C) of subsection (c)(2) of § 111s of this title was acquired before or after the commencement of the suspension period under §§ 112-112f of this title or before or after the date the petition was filed under §§ 113-113nn of this title; and
(4) a statement whether each interest disclosed pursuant to paragraphs (A)-(C) of subsection (c)(2) of § 111s of this title may appreciate in value if any debt issued by any Commonwealth entity declines in value.
History —June 28, 2014, No. 71, § 120.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111t - Noticing agent

(a) Each the eligible obligor, the petitioner, or GDB (acting on behalf of the eligible obligor or the petitioner), shall carry out the disclosure mechanisms and noticing requirements provided in this section, and, to that end, may retain and employ an entity to serve as noticing agent to:
(1) Create and maintain a website, accessible free of charge, containing all pleadings, orders, opinions, and notices properly filed under §§ 112-112f of this title or §§ 113-113nn of this title, and a calendar showing all deadlines and hearings; and
(2) provide notices of all hearings and deadlines, and perform related functions, including those of a claims agent where applicable.
(b) The noticing agent shall maintain on the website a list of all parties in interest who file notices of appearance pursuant to § 111r of this title, together with the email addresses or mailing addresses to which each party in interest requested that notices and pleadings be sent.
(c) The noticing agent shall be compensated at rates based on its normal charges for such services to other debtors in collective proceedings to enforce claims, such as cases under chapter 9 or chapter 11 of title 11 of the United States Code.
History —June 28, 2014, No. 71, § 121.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111u - Confidentiality of certain filings

(a) The Court, for cause, may protect an individual with respect to the following types of information to the extent the Court finds that disclosure of such information would create undue risk of identity theft or other unlawful injury to the individual or the individual’s property:
(1) Any means of identification (as defined in 18 U.S.C. § 1028(d)) contained in a paper filed, or to be filed, in a proceeding or case under this Act; and
(2) other information contained in a paper described in subsection (a)(1) of this section.
(b) Upon ex parte or noticed application demonstrating cause, the Court shall provide access to information protected pursuant to subsection (a) of this section to an entity acting pursuant to the police or regulatory power of a Commonwealth entity.
History —June 28, 2014, No. 71, § 122.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111v - Confidential deliberations

Notwithstanding any otherwise applicable Commonwealth law, including §§ 9081 et seq. of Title 3, all deliberations regarding whether to seek relief under this chapter, what plan or relief to propose, or other matters relating to this chapter, shall not be made public, but adequate records of such deliberations shall be maintained. Such deliberations shall be privileged under Commonwealth law and shall neither be subject to discovery in any civil proceeding nor subject to disclosure, except as required by Commonwealth law or applicable U.S. law in connection with raising money or otherwise selling or buying securities.
History —June 28, 2014, No. 71, § 123.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111w - No implied private right of action

There is no implied private right of action under this chapter.
History —June 28, 2014, No. 71, § 124.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111y - Bond requirement

In the discretion of the Court or the Supreme Court, any entity may be ordered to post a bond in the amount determined by the Court or the Supreme Court when:
(a) Seeking to enjoin compliance with or proceedings pursuant to all or a portion of this chapter; or
(b) appealing from a decision of the Court and requesting a stay of such decision under this chapter.
History —June 28, 2014, No. 71, § 126.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111z - Appeals

(a) Any appeal of an approval order, a transfer order, a final statement of allocation, or a confirmation order shall be filed with the Supreme Court no later than fourteen (14) days after the filing in the record of a copy of the notice of the approval order, the transfer order, the final statement of allocation, or the confirmation order, respectively.
(b) All other appeals shall be taken as provided by the law of the Commonwealth, and subject to subsection (a) of this section, nothing in this chapter shall limit an appellate court’s review of matters decided by the Court.
History —June 28, 2014, No. 71, § 127.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111aa - Compliance with Commonwealth Constitution and U.S. Constitution

If a party to a contract with an eligible obligor or a petitioner demonstrates that its treatment under this chapter substantially or severely impairs its rights under such contract for purposes of the Commonwealth Constitution or the U.S. Constitution without providing an adequate remedy therefor, the substantial or severe impairment shall be allowed only if the eligible obligor, the petitioner, or GDB, each as applicable, carries the burdens imposed on it by the Commonwealth Constitution and the U.S. Constitution with respect to demonstrating its use of reasonable and necessary means to advance a legitimate government interest, and the aggrieved entity fails to carry the burden of persuasion to the contrary.
History —June 28, 2014, No. 71, § 128.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111bb - Adequate protection and police power

(a) When an entity’s interest in property is entitled to adequate protection under this chapter, it may be provided by any reasonable means, including:
(1) Cash payment or periodic cash payments;
(2) a replacement lien or liens (on future revenues or otherwise); or
(3) in connection with a case under §§ 113-113nn of this title, administrative claims, in each case, solely to the extent that the suspension period, the automatic stay, the use or transfer of property subject to a lien, or the granting of a lien under this chapter results in a decrease in value of such entity’s interest in property subject to the lien as of commencement of the suspension period or a §§ 113-113nn of this title.
(b) Without limiting subsection (a) of this section, adequate protection of an entity’s interest in cash collateral, including revenues, of the eligible obligor or the petitioner, as applicable, may take the form of a pledge to such entity of future revenues (net of any current expenses, operational expenses or other expenses incurred by the eligible obligor or the petitioner under this chapter) of such eligible obligor or petitioner if-
(1) The then-current enforcement of such entity’s interest would substantially impair the ability of such eligible obligor or petitioner to perform its public functions;
(2) there is no practicable alternative available to fulfill such public functions in light of the circumstances; and
(3) the generation of future net revenues to repay such entity’s secured claims is dependent on the then-current continued performance of such public functions and the future net revenues will be enhanced by the then-current use of cash collateral or revenues to avoid then-current impairment of public functions.
(c) Without limiting subsections (a) and (b) of this section, an eligible obligor or petitioner may recover from or use property securing an interest of an entity the reasonable, necessary costs and expenses of preserving, or disposing of, such property to the extent of any benefit to such entity, including payment of expenses incurred by such eligible obligor or petitioner pursuant to or in furtherance of this chapter.
(d) Notwithstanding any section of this chapter conditioning the eligible obligor’s or the petitioner’s use or transfer of its property on adequate protection of an entity’s interest in the property, if and when the police power justifies and authorizes the temporary or permanent use or transfer of property without adequate protection, the Court may approve such use or transfer without adequate protection.
History —June 28, 2014, No. 71, § 129.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111cc - Reserved

History —June 28, 2014, No. 71, § 130.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111dd - Limitations on avoidance actions

No preference action by or on behalf of creditors of any eligible obligor or petitioner shall be prosecuted. No fraudulent transfer action by or on behalf of creditors of any eligible obligor or petitioner shall be prosecuted except such actions for a transfer, or an incurrence of an obligation, that was made with actual intent to hinder, delay, or defraud creditors. Any and all such actions shall be controlled and prosecuted solely by the Commonwealth, in the discretion of its Attorney General, for the benefit of the creditors entitled to bring the action outside of this chapter.
History —June 28, 2014, No. 71, § 131.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111ee - Recovery on avoidance actions

(a) Except as otherwise provided in this section, to the extent that a transfer is avoided pursuant to § 111dd of this title, an eligible obligor or petitioner may recover the property transferred, or, if the Court so orders, the value of such property, from:
(1) The initial transferee of such transfer or the entity for whose benefit such transfer was made; or
(2) any immediate or mediate transferee of such initial transferee.
(b) An eligible obligor or petitioner may not recover pursuant to subsection (a)(2) of this section from:
(1) A transferee that takes for value, including satisfaction or securing of a present or antecedent debt, in good faith, and without knowledge of the voidability of the transfer avoided; or
(2) any immediate or mediate good faith transferee of such transferee.
(c) A good faith transferee from whom an eligible obligor or petitioner may recover pursuant to subsection (a) of this section has a lien on the property recovered to secure the lesser of:
(1) The cost, to such transferee, of any improvement made after the transfer, less the amount of any profit realized by or accruing to such transferee from such property; and
(2) any increase in the value of such property as a result of such improvement of the property transferred.
(d) The eligible obligor or petitioner is entitled to only a single satisfaction pursuant to subsection (a) of this section.
(e) In this section, the term “improvement” includes:
(1) Physical additions or changes to the property transferred;
(2) repairs to such property;
(3) payment of any tax on such property;
(4) payment of any debt secured by a lien on such property that is superior or equal to the rights of the eligible obligor or petitioner; and
(5) preservation of such property.
History —June 28, 2014, No. 71, § 132.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111ff - Right of GDB to coordinate and control debt enforcement and recovery procedures

(a) GDB shall have, on its own behalf and on behalf of the public sector obligor, at all stages of proceedings including appeals and certiorari proceedings, standing to raise, appear on, be heard on, prosecute, and defend against any and all issues and requests for relief in a consensual debt relief transaction under §§ 112-112f of this title or in a case under §§ 113-113nn of this title. The eligible obligor or the petitioner shall reimburse GDB for all its costs and expenses therefor.
(b) All rights of a public sector obligor to take action in seeking and leading its consensual debt relief transaction under §§ 112-112f of this title or in commencing and prosecuting its case under §§ 113-113nn of this title shall extend to GDB on behalf of the public sector obligor, in which instances GDB may act through its own attorneys, or the public sector obligor’s attorneys shall take instructions from GDB. Each action taken by GDB shall be binding on the public sector obligor.
History —June 28, 2014, No. 71, § 133.
2023 Laws of Puerto Rico › TITLE THIRTEEN - Taxation and Finance (§§ 1 — 33423) › Subtitle 1 - Governmental Finances (§§ 1 — 155) › Chapter 8 - Puerto Rico Public Corporation Debt Enforcement and Recovery Act (§§ 111 — 113nn) › Subchapter I - General Provisions (§§ 111 — 111jj) › § 111gg - GDB reimbursement

(a) The eligible obligor or the petitioner, as applicable, shall reimburse or pay GDB, in full, for GDB’s costs and expenses for amounts paid or agreed to be paid, in preparation for seeking relief under this chapter, including for the payment of financial and legal advisors of the eligible obligor, the petitioner, and GDB (including any retainer advanced to such advisors), before the commencement of a suspension period under §§ 112-112f of this title or of a case under §§ 113-113nn of this title, or in connection with this chapter.
(b) In addition to its reimbursement obligations set forth in subsection (a) of this section, the eligible obligor or the petitioner, as applicable, shall reimburse GDB, in full, for GDB’s:
(1) Costs and expenses (including payments to financial and legal advisors) for services provided by GDB to the eligible obligor or the petitioner, each before and after the commencement of the suspension period under §§ 112-112f of this title or of a case under §§ 113-113nn of this title, or in connection with the prosecution of the rights of the eligible obligor or petitioner under this chapter when GDB has acted through its own attorneys pursuant to subsection (b) of § 111ff of this title; and
(2) outlays incurred each before and after the commencement of the suspension period under §§ 112-112f of this title or the filing of a petition under §§ 113-113nn of this title, in each case, on behalf of the eligible obligor or petitioner for the provision of goods and services paid by GDB and delivered to the eligible obligor or petitioner, and any funds GDB may have provided or provides to the eligible obligor or petitioner, as applicable, that GDB believes are necessary to the performance by the eligible obligor or petitioner of its public functions.
(c) Notwithstanding any other provision of this chapter, the eligible obligor or the petitioner, as applicable, shall reimburse or pay GDB, in full, pursuant to subsections (a) and (b) of this section promptly, but no later than ten (10) business days after GDB’s written request. Amounts owing to GDB as described in this section may not be adjusted as an affected debt instrument under §§ 112-112f of this title or be affected debt under §§ 113-113nn of this title and shall be formalized and incurred in accordance with laws regulating government contracting, except as provided in this chapter. The provisions of §§ 9101 et seq. of Title 3 shall not be applicable to contracts related to services provided in connection with this chapter.
History —June 28, 2014, No. 71, § 134.