Len Weiser-Varon

Len Weiser-Varon

Mintz Levin

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Court Rules on Applicability of Make-Whole Premiums Upon Debt Acceleration

In the context of make-whole premiums, court decisions suggest that the applicability of the premium upon a refinancing in bankruptcy will be governed by the wording of the debt documents, and that if an automatic...more

9/19/2014 - Commercial Bankruptcy Debt Restructuring Insurers Make-Whole Premium Prepayment Penalties

PREPA Bondholders Seek Summary Judgment Invalidating Puerto Rico’s Public Corporation Bankruptcy Legislation

On August 11, Franklin Funds and Oppenheimer Rochester Funds filed a second amended complaint, opposition to motion to dismiss and cross-motion for summary judgment in the litigation they previously filed in the United States...more

8/13/2014 - Bonds Commercial Bankruptcy PREPA Summary Judgment

Puerto Rico and PREPA Seek Dismissal of Bondholder Challenge to Territory’s Bankruptcy Statute

The Commonwealth of Puerto Rico and the Puerto Rico Electric Power Authority (PREPA) yesterday filed separate motions to dismiss the federal court complaint filed last month by some PREPA bondholders seeking to invalidate the...more

7/23/2014 - Electricity Motion to Dismiss Municipal Bonds Municipalities Utilities Sector

Be PREPAred: PREPA Bondholders Greet Puerto Rico’s Bankruptcy Legislation With Federal Lawsuit

On Saturday, June 28, Puerto Rico’s Governor Padilla signed into effect Puerto Rico’s new bankruptcy law for certain revenue bond issuers. Within 24 hours of the statute’s enactment, two mutual fund complexes owning...more

7/1/2014 - Bankruptcy Reform Bonds New Legislation Utilities Sector

Puerto Rico Poised to Enact Bankruptcy-Like Legislation for Certain Revenue Bond Issuers

Puerto Rico’s Governor Alejandro Garcia Padilla today introduced debt restructuring legislation which, upon enactment, would provide a judicial debt relief process in Puerto Rico’s courts for certain public corporations,...more

6/26/2014 - Bonds Commercial Bankruptcy Restructuring

Municipal Bond Market Absorbs Puerto Rico Supreme Court’s Decision that Teacher Pension Reform Legislation is Unconstitutional...

The latest swerve in the rollercoaster that is Puerto Rico public finance occurred on April 11 with the release of the Puerto Rico Supreme Court’s ruling striking down as unconstitutional the bulk of the territory’s teacher...more

4/16/2014 - Contract Formation Education Reform Pensions Public Schools Teachers

Legislative Trial Balloon for Puerto Rico Public Corporation Insolvency Process Attracts Bondholder Attention

Last Tuesday, Puerto Rico sold its much ballyhooed $3.5 billion in non-investment grade general obligation bonds. Two days later, two legislators in Puerto Rico’s Senate filed a bill which, if enacted, would permit...more

3/18/2014 - Bonds Chapter 9 Municipal Bankruptcy

Legal Highlights in Puerto Rico’s “Draft POS” for Upcoming General Obligation Bond Issue

Although Puerto Rico’s much-discussed sub-investment grade general obligation bond issue is not yet being marketed via an official preliminary official statement, it appears that a draft POS has been making the rounds. The...more

3/6/2014 - Bonds Foreign Investment

Puerto Rico Senate Not in a New York State of Mind

As reported by the Wall Street Journal today and by other sources, the authorizing legislation for Puerto Rico’s much anticipated $3.5 billion non investment grade general obligation issue has become hung up in Puerto Rico’s...more

2/28/2014 - Bonds

SEC Approves Revised Semi-Annual Data Reporting Requirements for Section 529 Plan Underwriters

After initially putting the brakes on the MSRB’s attempt to use underwriters of Section 529 college savings plans as its data-gathering team, the SEC has pressed the accelerator and approved an amended MSRB Rule G-45 ...more

2/27/2014 - Compliance MSRB Reporting Requirements SEC Underwriting

Puerto Rico Bondholders Await Contract Impairment Ruling in Teacher Pension Reform Litigation

We previously discussed the Puerto Rico Supreme Court’s decision in the Hernandez case, in which by a 5-4 vote the court upheld the constitutionality under federal and Puerto Rico law of pension reform legislation affecting...more

2/10/2014 - Bonds Education Reform Employee Benefits Pensions

Could Bondholders Bring Claims Against Puerto Rico Bond Issuers in Courts Outside Puerto Rico?

As Puerto Rico prepares to access the public markets with a new bond issue, the Wall Street Journal reports that the list of demands from some potential investors include, in addition to a high interest rate and as much...more

2/4/2014 - Bonds Investors

Puerto Rico Supreme Court’s Deference to Legislature’s Determinations: A Double-Edged Sword for Puerto Rico Bondholders?

The Government Development Bank for Puerto Rico (GDB) hosted an unusual public conference call on October 31 to respond to legal questions raised by investors in bonds issued by the Puerto Rico Sales Tax Financing...more

11/14/2013 - Banks Bonds Foreign Investment Investors Sales & Use Tax

Second Circuit Rules Against Make-Whole Premium for Refinancing of Accelerated Debt

The U.S. Court of Appeals for the Second Circuit has upheld a bankruptcy court’s decision enforcing indenture language providing for the automatic acceleration, without make-whole premium, of secured American Airline, Inc....more

9/16/2013 - American Airlines Aviation Industry Commercial Bankruptcy Debt Make-Whole Premium Refinancing

New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers

Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to...more

4/18/2013 - Borrowers CFTC Dodd-Frank End-Users ISDA Municipal Bonds Recordkeeping Requirements Swap Dealers Swaps

Reminder Regarding April 10 Deadline for Identifying Number Registration by Some Swap End-Users

This is a reminder that tomorrow, April 10, 2013, is the deadline for parties to certain swap agreements to obtain a CICI identifying number. The April 10 deadline applies to any party who entered into a swap after April 25,...more

4/10/2013 - CFTC CICIs Deadlines Dodd-Frank End-Users Swap Agreements Swaps

IRS Ruling Treats Certain 529 Account Incentive Payments as Reportable Income

The IRS recently issued a private letter ruling, PLR 201310043 (released on March 8, 2013), of interest to Section 529 plans and their program managers. The ruling relates to the tax treatment of incentive contributions to...more

3/13/2013 - 529 Plans Incentive Compensation Income Taxes IRS Reporting Requirements

AMR Decision Highlights Bankruptcy Court Split on Enforceability of Ipso Facto Clauses

A recent ruling in the American Airlines bankruptcy case enforcing an automatic acceleration upon bankruptcy provision serves as a reminder that the enforceability of so-called ipso facto provisions in debt instruments...more

2/20/2013 - American Airlines Commercial Bankruptcy

SEC Comforts Appointed Board Members of Municipal Issuers on Valentine's Day

On February 14, 2013, SEC Chairman Elisse Walter at long last indicated, in testimony for the Senate Banking Committee, that the SEC’s final regulations regarding “municipal advisors” will “address ,,, the need for an...more

2/15/2013 - Dodd-Frank Elisse B. Walter Municipal Advisers Municipal Securities Issuers SEC

Securities Regulators Provide Good News, Not-so-Good News for Section 529 Programs

Municipal securities regulators this week provided previews of upcoming regulatory action that suggest that one issue of concern to Section 529 college savings programs will fade away while another one may appear on the...more

2/15/2013 - MSRB Municipal Securities Market SEC Section 529 Program

MSRB Proposes Rule G-47 on Time of Trade Disclosure Obligations

MSRB Rule G-17 has been interpreted by the MSRB as requiring a broker or dealer (“broker”) to disclose to its customer, at or prior to the time of trade of a municipal security, all material information about the transaction...more

2/13/2013 - Broker-Dealer Disclosure Requirements EMMA MSRB Municipal Securities Market Rule G-47 SMMP

"28% Cap" Unlikely to Trigger Wave of Municipal Bond Tax Calls

Market commenters have suggested that billions of dollars in municipal bonds may be subject to par redemptions if the much-discussed “28% cap” on the value of certain federal income tax deductions or exclusions is enacted and...more

1/9/2013 - Bonds Deductions Income Taxes Muni Tax Municipal Bonds Tax Exemptions

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