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Puerto Rico v. Franklin California Tax-Free Trust

Docket No.15-233
Op. Below1st Cir.
ArgumentMar 22, 2016

Holding

Section 903(1) of the Bankruptcy Code, which preempts state bankruptcy laws that enable insolvent municipalities to restructure their debts over the objections of creditors and instead requires municipalities to restructure such debts under Chapter 9 of the federal Bankruptcy Code, preempts the Puerto Rico Public Corporation Debt Enforcement and Recovery Act, which was enacted to enable the commonwealth's public utilities to implement a recovery or restructuring plan for their debt.

Judgment

Affirmed, 5-2, in an opinion by Clarence Thomas on Jun 13, 2016. Justice Sotomayor filed a dissenting opinion, in which Justice Ginsburg joined. Justice Alito took no part in the consideration or decision.

Proceedings & orders timeline

Aug 21, 2015
Petition for a writ of certiorari filed. (Response due September 23, 2015)
Sep 14, 2015
Order extending time to file response to petition to and including October 23, 2015, for all respondents.
Sep 23, 2015
Motion for leave to file amici brief filed by Fundacion Angel Ramos, Inc., et al.
Sep 23, 2015
Brief amicus curiae of Eduardo Bhatia, President of the Senate of the Commonwealth of Puerto Rico filed.
Oct 23, 2015
Brief of respondent BlueMountain Capital Management, LLC in opposition filed. VIDED.
Oct 23, 2015
Brief of respondents Franklin California Tax-Free Trust, et al. in opposition filed. VIDED.
Nov 9, 2015
DISTRIBUTED for Conference of November 24, 2015.
Nov 9, 2015
Reply of petitioners Commonwealth of Puerto Rico, et al. filed. (Distributed)
Nov 30, 2015
DISTRIBUTED for Conference of December 4, 2015.
Dec 4, 2015
Motion for leave to file amici brief filed by Fundacion Angel Ramos, Inc., et al. GRANTED. Justice Alito took no part in the consideration or decision of this motion.
Dec 4, 2015
Petition GRANTED. The petition for a writ of certiorari in No. 15-255 is GRANTED. The cases are consolidated and a total of one hour is allotted for oral argument. Justice Alito took no part in the consideration or decision of these petitions.
Dec 10, 2015
Consent to the filing of amicus curiae briefs in support of either party or of neither party received from counsel for the petitioners.
Jan 6, 2016
Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for the respondents.
Jan 15, 2016
Brief amicus curiae of Gregorio Igartua filed.
Jan 19, 2016
Joint appendix filed. (Two Volumes) VIDED. (Statement of costs filed)
Jan 19, 2016
Brief of petitioners Commonwealth of Puerto Rico, et al. filed.
Jan 19, 2016
Brief of petitioners Melba Acosta-Febo, et al. filed. VIDED.
Jan 25, 2016
Brief amici curiae of Colegio de Abogados y Abogadas de Puerto Rico, et al. filed. VIDED.
Jan 26, 2016
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent BlueMountain Capital Management, LLC ("BlueMountain"). VIDED
Jan 26, 2016
Brief amici curiae of Fundacion Angel Ramos, Inc., et al. filed.
Jan 26, 2016
Brief amicus curiae of Puerto Rico Electric Power Authority filed. VIDED.
Jan 26, 2016
Brief amici curiae of Professors Clayton P. Gillette and David A. Skeel, Jr. filed. VIDED.
Jan 26, 2016
Motion for leave to file amici brief filed by Puerto Rico Manufacturers Association. VIDED.
Jan 26, 2016
Brief amici curiae of LatinoJustice PRLDEF, et al. filed. VIDED.
Jan 29, 2016
SET FOR ARGUMENT ON Tuesday, March 22, 2016. VIDED
Feb 8, 2016
Record requested from U.S.C.A. 1st Circuit.
Feb 10, 2016
CIRCULATED.
Feb 10, 2016
Record received from U.S.D.C. District of Puerto Rico is electronic and located on PACER.
Feb 11, 2016
Record received from U.S.C.A. 1st Circuit is electronic and located on PACER, with the exception of Joint Appendix. (1 Box)
Feb 18, 2016
Brief of respondent BlueMountain Capital Management, LLC filed. VIDED. (Distributed)
Feb 18, 2016
Brief of respondents Franklin California Tax-Free Trust, et al. filed. VIDED. (Distributed)
Feb 25, 2016
Brief amicus curiae of Scotiabank de Puerto Rico, as Agent for Local Bank Lenders to PREPA filed. VIDED. (Distributed)
Feb 25, 2016
Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED. (Distributed)
Feb 25, 2016
Brief amicus curiae of The Association of Financial Guaranty Insurers filed. VIDED. (Distributed)
Mar 14, 2016
Reply of petitioners Commonwealth of Puerto Rico, et al. filed. (Distributed)
Mar 15, 2016
Reply of petitioners Melba Acosta-Febo, et al. filed. VIDED. (Distributed)
Mar 22, 2016
Argued. For petitioners: Christopher Landau, Washington, D. C. For respondents: Matthew D. McGill, Washington, D. C. VIDED
Jun 13, 2016
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Kagan, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg, J., joined. Alito, J., took no part in the consideration or decision of these cases. VIDED
Jul 15, 2016
JUDGMENT ISSUED
Aug 18, 2016
Record from U.S.C.A. 1st Circuit has been returned.

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