Pending Litigations Against the Government to be Absorbed by Title III
At the hands of the Federal Court of the District of Puerto Rico is the request of the Fiscal Control Board to activate Title III of the PROMESA Act and lead a process of bankruptcy supervised by a judge.
However, since 2016 various groups of creditors, insurance holders, bondholders, contractors and syndicates have initiated litigation against the government, its agencies, public functionaries and the Fiscal Control Board as an entity and its members individually, including the representative of the governor, challenging the moratorium law, the stalemate in disputes that activated the PROMESA Act, the Fiscal Plan and the Law for the Fulfillment of the Fiscal Plan.
In total, according to the attachments of the request of the Board, there are 22 cases that will now be considered under the framework of the Title III.
These are the pending cases:
1. January 7, 2016 – Assured Guaranty Corp v García Padilla: An insurer of bonds emitted by public corporations filed a lawsuit against the government seeking a declarative sentence on the executive orders taken by the then governor, Alejandro García Padilla, authorizing the 'clawback' mechanism.
2. January 19, 2016 - Financial Guaranty Insurance Company v García Padilla: A debt insurer filed a lawsuit against the government and its public corporations and the state seeking a declaratory sentence on the executive orders take by García Padilla for anticipating the bankruptcy code, operating inappropriately in a field occupied by Congress and violating the clause in contracts and the fifth amendment of the United States Constitution.
3. April 4, 2016 - Brigade Leveraged Capital Structures Fund v. Government Development Bank: holders of bonds from the GDB filed a lawsuit seeking for the bank to comply with its payments to its creditors and to forgive or compromise the current debt at the GDB.
4. May 10, 2016 - Ambac Assurance Corp v. Puerto Rico Highways and Transportation Authority: The holder of $472 million in bonds emitted by the Autoridad de Carreteras (ACT) filed a lawsuit against the agency to reveal their financial situation, the designation of a syndicate and an injunction against the ACT to prevent future fiduciary or contractual incompliances to the bondholder.
5. June 15, 2016 - National Publica Finance Guarantee Corp. V. García Padilla: The bondholder of debt emitted by the government, the ACT, COFINA and other local dependencies seek a declarative sentence to leave without effect, sections 201 and 202 of the Moratorium Law for infringing on the Federal Bankruptcy code, the fifth amendment of the constitution and impeding access to the Federal Courts.
6. June 1, 2016: Jacana Holdings I LLC v. Commonwealth of Puerto Rico: Some of the bondholders of general obligations filed a lawsuit against the government seeking sentence against the Moratorium Law for violating the federal and local constitution as well as the laws of the state of New York, which govern said bonds.
7. June 30, 2016 - Trigo v. García Padilla: Certain GDB bondholders and the Public Financial Corporation (PFC) filed a lawsuit against the government seeking sentence to declare various dispositions of the Moratorium Law unconstitutional for infringing on the Code of Bankruptcy, violating the fifth amendments, the local constitution and impeding access to the Federal Courts.
8. July 18, 2016: Peaje Inv. v. García Padilla: A group of creditors who hold bonds from the ACT filed a relief motion to the moratorium of litigations under the protection of the PROMESA Act to commence and pursue legal action against the government of Puerto Rico and seek a declarative sentence to declare null various dispositions of the Moratorium Law.
9. July 20, 2016 - Lex Claims v. García Padilla: Certain holders of bonds emitted by the government and its public corporations and guaranteed on good faith, the credit and the power of state taxes, seek a sentence to prohibit certain measures taken by the government authorizing transferals that were to go to the payment of the debt and an injunction to prevent them.
10. July 21, 2016 - Assured Guaranty Corp v. Commonwealth of Puerto Rico: Certain insurance emitters of bonds from the ACT filed a motion seeking relief of the moratorium on litigation activated by PROMESA to file a lawsuit against the government to end the diversion of the bondholders' collateral to pay other government expenses.
11. August 19, 2016 - U.S Bank Trust v. García Padilla: The trustee of certain bonds emitted by the University of Puerto Rico (UPR) filed a lawsuit against the government to seek relief on the moratorium of litigations activated by PROMESA, a declaratory sentence to annul section 201 of the Moratorium Law and an injunction to push for the compliance of fiduciary agreements of said bonds.
12. September 21, 2016 - Altair Global Credit Opportunities Fund v. García Padilla: Certain holders of bonds emitted by the Administración de Sistemas de Retiro del Gobierno (ASR) filed motion seeking relief of the moratorium of litigations activated by PROMESA, unless they are provided adequate protection through the diversion of funds destined to the ASR to an account segregated for the benefit of bondholders.
13. September 28, 2016 – Scotiabank of Puerto Rico v. García Padilla: A loaner of the Autoridad Metropolitana de Autobuses (AMA) filed a lawsuit against the government seeking relief on the Moratorium of litigations activated by PROMESA, a sentence to indicate that the Law of Moratorium and the 'clawbacks' violated PROMESA, infringing on the federal bankruptcy code and the fifth amendment. It also seeks an injunction to prevent the transferal of certain tax liabilities.
14. October 26, 2016 - Oriental Bank v Roselló Nevares: A participant of a mortgage program filed a lawsuit against the government seeking a sentence to decree the inapplicability of the moratorium on litigations of PROMESA, the annulment of Section 201 of the Law of Moratorium and injunctions against the defendants to make them comply with the law and agreements established.
15. December 15, 2016 - Longo En-Tech Puerto Rico, Inc v. the United States Environmental Protection Agency: A contractor of the Puerto Rico Aqueducts and Sewage Authority (Prasa) filed a lawsuit against the federal Environmental Protection Agency (EPA), the GDB, the Junta de Calidad Ambiental (JCA by its Spanish initials), the Autoridad para el Financiamiento de la Infraestructura (AFI by its Spanish initials), and the governor seeking funds allegedly controlled by the EPA and that rose in a contract, claiming they were retained for contractual incompliance and in violation of their constitutional rights.
16. April 12, 2017 - Servidores Públicos Unidos de Puerto Rico v. Financial Oversight and Management Board: A syndicate and certain individual members filed a lawsuit against the Fiscal Control Board and the government seeking a sentence to decree that the certified Fiscal Plan violated the rights of the plaintiffs, the fifth amendment of the federal constitution and was not developed, approved and certified legally under PROMESA. They also seek an injunction against the defendants to stop the implementation of the plan.
17. May 2, 2017 - Ambac Assurance Guaranty v Commonwealth of Puerto Rico: The insurer of $1,300 million in bonds emitted by COFINA filed a lawsuit against the government and the FCB seeking a sentence decreeing unconstitutional and illegal the Fiscal Plan and the Law of fulfillment of the Fiscal Plan for violating the fifth amendment of the federal constitution, interfering with contractual rights of the of the plaintiffs, infringing section 303 of PROMESA and violating section 407, and violating the established agreements with the government under the COFINA resolution. They also seek an injunction against the defendants to prevent any action leading to the compliance of the Fiscal Plan.
18. May 2, 2017 - Ambac Assurance Guaranty v Commonwealth of Puerto Rico: The debt insurer of the government and various of its dependencies filed a lawsuit against the government and the FCB seeking a sentence on the Law of Moratorium, emitted executive orders, the Fiscal Plan and the Law of Fulfillment of the Fiscal Plan for violations contractual clauses and infringing on the section 303 of PROMESA and violation section 407 of that statuatary, and an injunction against the defendants to prevent any action being taken to ensure the fulfillment of the Fiscal Plan.
19. May 2, 2017 - Ambac Assurance Corp v. Department of Treasury: The insurer of $471 million in bonds emitted by AFI filed a lawsuit against the Department of Federal Treasury seeking a right of equal retention on asessments imposed by the federal government on the sale of rum produced by the government and sold in United States of America and an injuction against the defendants to prevent the referral of taxes on rum to the government or designate a receiver to retain all the assessments in an escrow account until the legal controversies are resolved.
20. May 2, 2017 - – Perelló v. Nevares: Senior holders of COFINA bonds filed a lawsuit against the governor, the GDB, COFINA, AAFAF and the FCB seeking a sentence for substantially harming the contractual rights of the defendants, taking property without rightful compensation or due process, a mandamus to order the defendants to amend the Fiscal Plan and permit the plaintiffs to inspect the documents related to the restructuring of the debt, an injunction against the defendants to prohibit any contractual, property or constitional rights violation.
21. May 2, 2017 - Ambac Assurance Guaranty v the Bank of New York Mellon: The insurer of $800 million in bonds emitted by COFINA filed a lawsuit against the trustee of said bonds seeking damages against him, a declaration that the trustee violated his duties to the plaintiffs, the COFINA resolution and the agreement on good faith and fair negotiation. They also seek a declaration so that the defendant can remove the trustee, an injunction to prohibit other payments to subordinate bondholders, an injunction to obligate them to recognize the unpayment event in connection to the bonds and its accelerated pay and a declaration that the trustee has conflicts of interests and must resign.
22. May 2, 2017 - Aurelius Investment LLC v. Commonwealth of Puerto Rico: Certain holders of bonds of $1400 million in principal bonds of general obligations emitted by the government filed a lawsuit against the government seeking an injunction to the Secretary of Treasure to amass all available resources under the state to pay on time all the quantities that have reached a deadline or are en route to expire and payment for damages due to the defendants, including all the interest expired on the principal.