Latest 2 Cases This Week: Cooperativa de Ahorro y Credito de Rincon v. Puerto Rico Sales Tax Financing Corp. (1st Cir.), Klein v. Anderson (9th Cir.)

Why the Supreme Court was Right Last Week to Deny Review of the Pennsylvania Supreme Court Decisions Handed Down Prior to the 2020 Election

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois Law dean Vikram David Amar and professor Jason Mazzone argue that the U.S. Supreme Court correctly denied review last week of the Pennsylvania Supreme Court decisions handed down before the 2020 election. Dean Amar and Professor Mazzone explain why the majority denied review and point out that the dissenting opinions unwittingly demonstrate the rightness of the majority.

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Cooperativa de Ahorro y Credito de Rincon v. Puerto Rico Sales Tax Financing Corp.

Court: US Court of Appeals for the First Circuit

Docket: 19-1391

Opinion Date: March 2, 2021

Judge: William Joseph Kayatta, Jr.

Areas of Law: Bankruptcy

The First Circuit dismissed this appeal arising out of the Title III debt-restructuring proceedings commenced by the Financial Oversight and Management Board for Puerto Rico on behalf of the Puerto Rico Sales Tax Financing Corporation (COFINA) under the Puerto Rico Oversight Management and Economic Stability Act (PROMESA), 48 U.S.C. 2101-2241, holding that the appeal was equitably moot. After Title III proceedings were initiated several Puerto Rican credit unions (Credit Unions) filed an adversary proceeding against several defendants, including the Commonwealth and COFINA. Thereafter, the Board proposed a plan (Plan) of adjustment restructuring COFINA's debt. The Plan as approved called for the dismissal with prejudice of all litigation against COFINA that arose before the effective date of the Plan. The Credit Unions sought to strike the provision releasing the claims they asserted against COFINA in their adversary proceeding. The Title III court denied the motion. This appeal followed. At the time of this opinion the Plan had been fully implemented for over two years. The First Circuit dismissed the appeal, holding that it was equitably moot.

Klein v. Anderson

Court: US Court of Appeals for the Ninth Circuit

Docket: 20-60014

Opinion Date: March 1, 2021

Judge: Per Curiam

Areas of Law: Bankruptcy

The Ninth Circuit affirmed the Bankruptcy Appellate Panel's judgment affirming the bankruptcy court's determination that a debtor was entitled to a homestead exemption under Washington law. The panel adopted in full the BAP's well-reasoned opinion on March 23, 2020 and attached it as an appendix. The BAP concluded that the debtor, who occupied the homestead on the petition date, was entitled to her homestead exemption despite the fact that she moved out shortly thereafter and neither re-occupied the property nor filed a declaration of non-abandonment within six months of moving out.