P.R. Laws tit. 22, § 1080

2019-02-20 00:00:00+00
§ 1080. Standing

(a) Subject to the limitations set forth in the restructuring resolution or related trust agreement, the Corporation or any other owner of restructuring property, or the applicable trustee, (1) shall be authorized to hire consultants, attorneys, and other Persons and enter into such agreements as the Corporation, other owner, or Trustee deems necessary to enforce and collect the transition charge revenues or protect the restructuring property and include the cost thereof as a financing cost, and notwithstanding any other provision of law, and (2) shall be hereby expressly authorized to (A) bring actions against any owner of the System Assets, any servicer, or any other person authorized to bill or collect transition charges, any customers or any other person for failure to bill, pay, or collect any transition charges constituting part of the restructuring property then pledged as security for such restructuring bonds, (B) enforce any other provision of this chapter or action taken by the Corporation with respect thereof, (C) take any other action as the Corporation, other owner of restructuring property, or the trustee may deem necessary to enforce and collect the transition charge revenues, or (D) protect the restructuring property in accordance with the terms of the restructuring resolution related thereto and the applicable restructuring bonds, regardless of whether an event of default has occurred. No action may be brought by the Corporation, the trustee, or the party to any ancillary agreement or on their behalf (other than through the Authority or any successor servicer) against any customer for failure to pay any transition charge insofar as the Authority or any successor servicer is fulfilling with its obligations under the servicing agreement with respect to the enforcement of any collection of charges (including transition charges) due from such customer.

(b) Any court shall have jurisdiction over any actions for failure to bill, pay, or collect any transition charges or for enforcement of any provision of this chapter.

(c) The restructuring property may be transferred, sold, conveyed, or assigned (including by a foreclosure action on the restructuring property) to any person, subject to the terms of any trust agreement, even after the occurrence of an event of default, and while such agreement is in effect with respect to the restructuring bonds.

History —Feb. 16, 2016, No. 4, § 38.