P.R. Laws tit. 13, § 113

2019-02-20 00:00:00+00
§ 113. The Petition

(a) A case is commenced under §§ 113-113nn of this title by the filing of a petition with the Court, either:

(1) By a petitioner upon the decision of its governing body and approval of GDB; or

(2) by GDB, upon the Governor’s request, on behalf of a petitioner, if the petitioner’s governing body has not authorized the petition and GDB determines that the petition is in the best interests of the petitioner and the Commonwealth.

(b) To enable GDB to coordinate the relief requested in all cases filed under §§ 113-113nn of this title, GDB shall be entitled to select and retain financial and legal professionals to prosecute each §§ 113-113nn of this title case on behalf of the petitioner and at the petitioner’s expense, subject to §§ 111x and 111gg of this title.

(c) A case may not be commenced under §§ 113-113nn of this title by any involuntary petition of creditors or other entities.

(d) The petition shall set forth:

(1) The amounts and types of claims against the petitioner that the petitioner, subject to amendment, contemplates being affected under the plan, sufficient to enable the Court to form a general committee pursuant to subsection (a) of § 113q of this title; Provided, That if the schedule in subsection (a)(2) of § 113a of this title is filed with the petition, such schedule will satisfy the requirement in this clause (1); and

(2) the assessment of the entity filing the petition pursuant to clause (1) or (2) of subsection (a) of this section that the petitioner meets the eligibility requirements provided in subsection (b) of § 111l of this title.

History —June 28, 2014, No. 71, § 301.