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Patrick P. Dinardo, Amy A. Zuccarello and Nathaniel R.B. Koslof Patrick P. Dinardo, Amy A. Zuccarello and Nathaniel R.B. Koslof

1st-Circuit-Column-BugA debate that just concluded in the U.S. Court of Appeals for the First Circuit over bondholder rights may have significant implications for municipalities and their ability to raise money for critical infrastructure projects. By denying the bondholder-creditor’s petition for rehearing en banc, the First Circuit missed an opportunity to provide bondholders with much-needed certainty concerning their ability to enforce an issuer’s obligation to pay from special revenues pledged to secure their bonds in the event of a municipality’s insolvency proceeding without first obtaining relief from the automatic stay.

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