Assured Guaranty Corp. v. Official Committee of Unsecured Creditors, No. 17-1831 (1st Cir. 2017)Annotate this Case
The First Circuit reversed the district court’s order denying Appellant’s motion to intervene in an adversary proceeding arising within the Commonwealth’s debt adjustment case under Title III of the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA), 48 U.S.C. 2161-2177, holding that 11 U.S.C. 1109(b) provides an “unconditional right to intervene” within the meaning of Fed. R. Civ. P. 24(a)(1).
Appellant, the Official Committee of Unsecured Creditors (UCC), intervened in an adversary proceeding initiated by Plaintiffs within a larger case brought by the Financial Oversight and Management Board on behalf of the Commonwealth. The Board had commenced quasi-bankruptcy proceedings to restructure the Commonwealth’s debt under a part of PROMESA referred to as Title III. The district court denied the UCC’s motion to intervene with respect both to intervention as of right and to permissive intervention. The First Circuit reversed, holding that section 1109(b) provided the UCC with an unconditional right to intervene in the adversary proceeding.