Ambac Assurance Corp. v. Commonwealth of Puerto Rico, No. 18-1214 (1st Cir. 2019)Annotate this Case
In this Title III adversary proceeding the First Circuit affirmed the judgment of the district court dismissing Ambac Assurance Corporation's constitutional and statutory challenges to measures the Commonwealth of Puerto Rico has taken to block payments to holders of Puerto Rico Highways and Transportation Authority (HTA) bonds, holding that the Title III court lacked the authority to grant the declaratory and injunctive relief that Ambac sought.
Ambac, a financial guaranty insurer and individual holder of HTA bonds, commenced this adversary action in the so-called Title III court within the context of HTA's debt-adjustment proceedings pursuant to the Puerto Rico Oversight, Management, and Economic Stability Act. Ambac brought Contracts Clause, Takings Clause, Due Process Clause, preemption, and statutory challenges to the Commonwealth's actions and sought a negative injunction preventing the Commonwealth from continuing to impair the flow of HTA revenues to bondholders. The Title III court dismissed the complaint with prejudice. The First Circuit affirmed, holding that the Title III court was barred from granting Ambac declaratory or injunctive relief in this case.
The court issued a subsequent related opinion or order on June 26, 2019.