P.R. Laws tit. 13, § 111b

2019-02-20 00:00:00+00
§ 111b. Interpretation

(a) The terms of this chapter shall be liberally construed in favor of furthering the legislative objectives of this chapter.

(b) The singular includes the plural.

(c) Any neuter personal pronoun shall be considered to mean the corresponding masculine or feminine personal pronoun, as the context requires.

(d) The phrase “after notice and a hearing”, or other similar phrase means after such notice as is appropriate in the particular circumstances, and such opportunity for a hearing as is appropriate in the particular circumstances, provided, however, an act may be authorized without a hearing if notice is given properly under the circumstances and if:

(1) A hearing is not timely requested by a party in interest; or

(2) there is insufficient time for a hearing to be commenced before such act must be done, and the court authorizes such act.

(e) The phrase “at any time” means at any time and from time to time.

(f) A “claim against the petitioner’ includes any claim against property of the petitioner.

(g) The words “includes” and “including” are not limiting.

(h) The phrase “may not” is prohibitive, and not discretionary.

(i) The word “or” is not exclusive.

(j) The phrase “applicable law” includes applicable laws, rules, and regulations, including this chapter.

(k) A definition contained in a section of this chapter that refers to another section of this chapter does not, for the purpose of such reference, affect the meaning of a term used in such other section.

(l) The phrase “counterparty” means:

(1) With respect to a collective bargaining agreement, the union that is a bargaining unit under such contract, and not any individual member of such union;

(2) with respect to a pension fund, the administrator of such pension fund, and not any beneficiary of such fund; and

(3) with respect to a retirement or post-employment benefit plan, the administrator of such retirement or post-employment benefit plan, and not any beneficiary of such plan.

(m) The phrase “final and unappealable” shall mean a final and unappealable order, resolution, judgment, or other ruling that is no longer subject to appeal or certiorari proceeding.

(n) The phrase “use or transfer” includes a lease and a sale and lease back transaction.

(o) Any reference to “website” with respect to an eligible obligor or a petitioner means either the website of such eligible obligor or petitioner, or the website specified in § 111t of this title.

(p) For purposes of interpreting this chapter, the Court shall consider to the extent applicable jurisprudence interpreting title 11 of the United States Code.

(q) The phrases “goods” or “services” do not include money loaned or other financial debt incurred.

History —June 28, 2014, No. 71, § 103.