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Federal Judge Declines Commonwealth’s Lawsuit Stay Requests

By on July 8, 2016

SAN JUAN – U.S. District Court Judge Francisco Besosa declined Friday notices of Automatic Stay filed by the commonwealth to freeze lawsuits filed by a bondholders group and three firms to invalidate the Puerto Rico Emergency Moratorium and Financial Rehabilitation Act.

TAMPA, FL - AUGUST 27: The gavel sits on the podium before the start the Republican National Convention at the Tampa Bay Times Forum on August 27, 2012 in Tampa, Florida. The RNC is scheduled to convene today, but will hold its first full session tomorrow after being delayed due to Tropical Storm Isaac. (Photo by Chip Somodevilla/Getty Images)

(Photo by Chip Somodevilla/Getty Images)

The commonwealth filed the stay notices for lawsuits filed by National Public Finance Guarantee Corp., Ambac Assurance Corp., Brigade Leveraged Capital Structures and Trigo v. García Padilla against various agencies.  

The notices were also filed Friday.

Besosa ordered the plaintiffs to respond to the notice no later than July 18. “At this time, without the benefit of full briefing by the parties, the Court will not acknowledge that this litigation has been temporarily stayed by the [Puerto Rico Oversight, Management, and Economic Stability Act (Promesa)],” the judge said in the responses.

On June 30, President Obama enacted Promesa, which puts a temporary moratorium on debt-related litigation against the commonwealth until at least Feb. 15.

The plaintiffs are seeking payment alleging that the Moratorium Act violated contractual obligations and is the equivalent of a local bankruptcy law, which is prohibited.

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