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Carlos J Cuevas

Carlos J Cuevas

November 10, 2020 | New York Law Journal

Justice Sotomayor, the Denial of Democracy in Puerto Rico and the FOMB

This article explores whether the federally created Financial Oversight Management Board is contrary to the republican form of government in Puerto Rico and its implications for the Puerto Rico insolvency cases.

By Carlos J. Cuevas

8 minute read

August 24, 2020 | New York Law Journal

The COVID-19 Pandemic and Revival of the Puerto Rican Economy

A discussion of the COVID-19 pandemic in relation to the Puerto Rico pharmaceutical industry.

By Carlos J. Cuevas

7 minute read

March 23, 2020 | New York Law Journal

Asset Protection, Pre-Bankruptcy Planning and Code §727(a)(2)(A)

This article examines asset protection and pre-bankruptcy planning and its impact on a debtor's discharge through Bankruptcy Code §727(a)(2)(A).

By Carlos J. Cuevas

8 minute read

February 25, 2020 | New York Law Journal

The Limits of the Law and PROMESA

Absent the support of the executive and legislative branches of the federal government, the Puerto Rico debt readjustment plan will fail.

By Carlos J. Cuevas

8 minute read

December 04, 2019 | New York Law Journal

Emotional Distress Damages and Bankruptcy Code §362(k)(1)

An egregious willful violation of the automatic stay can be traumatic. Courts should award emotional distress damages when a debtor has been traumatized by an egregious willful violation of the automatic stay.

By Carlos J. Cuevas

8 minute read

August 01, 2019 | New York Law Journal

The Stabilization of the Government of Puerto Rico and PROMESA

Puerto Rico is at a critical juncture. It is vital that the federal government take immediate and dramatic action to stabilize the government of Puerto Rico.

By Carlos J. Cuevas

6 minute read

July 12, 2019 | New York Law Journal

Puerto Rico's Corruption Scandal, Federal Funding and PROMESA

This is an important moment for the people of Puerto Rico because the federal government, the Federal Oversight Board and the government of Puerto Rico can use this crisis to resurrect Puerto Rico.

By Carlos J. Cuevas

6 minute read

March 21, 2019 | New York Law Journal

PROMESA's Unfulfilled Promise

Carlos Cuevas offers his opinion that the Financial Oversight and Management Board for Puerto Rico, which was created under the Puerto Rico Oversight, Management and Economic Stability Act, has failed in its mission for not taking a holistic approach to addressing the two crises that face Puerto Rico: Puerto Rico's debt and the devastation of Hurricane Maria.

By Carlos J. Cuevas

8 minute read

March 01, 2019 | New York Law Journal

First Circuit Declares Appointment of FOMB Members Violates Appointments Clause

In 'Aurelius Investment v. Commonwealth of Puerto Rico', the U.S. Court of Appeals for the First Circuit held that the appointment of the members of the FOMB violated the Appointments Clause of the U.S. Constitution. The Board Members are officers of the United States, and therefore they are subject to Senate confirmation. However, the court refused to dismiss the Puerto Rico bankruptcy case.

By Carlos J. Cuevas

8 minute read

January 30, 2019 | New York Law Journal

The Importance of Disinterestedness: PROMESA and McKinsey & Co.

McKinsey's participation is consequential because the Puerto Rico bankruptcy case is the largest municipal bankruptcy case ever filed.

By Carlos J. Cuevas

8 minute read