Carlos J Cuevas

January 04, 2019 | New York Law Journal

McKinsey is advising the FOMB on Puerto Rico's debt restructuring. After McKinsey was retained, it was revealed that McKinsey, through its affiliates, holds at least $20 million of Puerto Rico's debt. The fact that McKinsey is not disinterested has produced the appearance of a conflict of interest, which casts a specter of doubt on the legitimacy of Puerto Rico's bankruptcy case.

By Carlos J. Cuevas

8 minute read

January 03, 2019 | Connecticut Law Tribune

Rule 2016(b) requires a debtor's attorney to disclose the compensation that he or she has received or to disclose an agreement that he or she has made with a debtor concerning the attorney's compensation.

By Carlos J. Cuevas

8 minute read

October 24, 2018 | New York Law Journal

The Puerto Rico bankruptcy cases are consequential not only for people of Puerto Rico, but also for the other citizens of the United States.

By Carlos J. Cuevas

8 minute read

October 18, 2018 | New York Law Journal

The 'DeFreze' decision is reflective that Bankruptcy Code §523(a)(1) is intended to protect the taxing authorities.

By Carlos J. Cuevas

7 minute read

June 15, 2018 | New York Law Journal

Bankruptcy Code Section 362(k) authorizes the imposition of punitive damages for a willful violation of the automatic stay. In determining whether to impose punitive damages, several bankruptcy courts have identified five factors to guide their decision.

By Carlos J. Cuevas

9 minute read

March 12, 2018 | New York Law Journal

Under what circumstances should an attorney be disqualified from representing another party that is adverse to a present or former client of a former law firm for which the attorney was affiliated?

By Carlos J. Cuevas

8 minute read

January 03, 2018 | New York Law Journal

Carlos J. Cuevas discusses 'In re Ciarcia', in which Bankruptcy Judge James Tancredi employed Bankruptcy Code §1307(c) to dismiss a Chapter 13 case because of the lack of good faith.

By Carlos J. Cuevas

8 minute read

December 06, 2017 | New York Law Journal

Carlos J. Cuevas explores the use of the federal and state constructive fraudulent conveyance laws to avoid a pre-petition private school tuition payment by a Chapter 7 debtor for a dependent child.

By Carlos J. Cuevas

8 minute read

July 25, 2017 | New York Law Journal

Carlos J. Cuevas discusses the continuing concealment doctrine, which extends the statute of limitations period beyond one-year if a debtor has engaged in concealing assets.

By Carlos J. Cuevas

16 minute read

June 23, 2017 | New York Law Journal

Carlos J. Cuevas discusses an important issue that arises in intentional fraudulent conveyance litigation—the application of the crime-fraud exception to the attorney-client privilege.

By Carlos J. Cuevas

17 minute read