The Emergence of State and Municipal Bankruptcies

The Emergence of State and Municipal Bankruptcies PDF Author:
Publisher:
ISBN: 9780314280077
Category : Municipal bankruptcy
Languages : en
Pages : 0

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Book Description
Due to the recent increase in ailing local and state governments, there has been widespread debate over how many of these entities will eventually end up filing for bankruptcy. Some municipal defaults have already occurred, and although it ultimately failed, there was a proposal to permit states to seek bankruptcy protection. Regardless of how many defaults actually happen, those that do take place will affect every citizen, not just the people who work and invest in the government. What alternatives are available for states and municipalities in financial distress? What have attorneys learned from past municipal defaults? What are the pros and cons of allowing state bankruptcies? The Emergence of State and Municipal Bankruptcies provides feedback from some of the nations leading legal minds on key differences between Chapter 11 and Chapter 9 municipal bankruptcies and offers examples of recent municipal defaults. These experts also discuss the impact of municipal bankruptcies on residents, taxpayers, and the public market, and speculate on whether state bankruptcies should be permitted. The report offers an on-the-spot look at the issue as it continues to unfold.

The Emergence of State and Municipal Bankruptcies

The Emergence of State and Municipal Bankruptcies PDF Author:
Publisher:
ISBN: 9780314280077
Category : Municipal bankruptcy
Languages : en
Pages : 0

Get Book Here

Book Description
Due to the recent increase in ailing local and state governments, there has been widespread debate over how many of these entities will eventually end up filing for bankruptcy. Some municipal defaults have already occurred, and although it ultimately failed, there was a proposal to permit states to seek bankruptcy protection. Regardless of how many defaults actually happen, those that do take place will affect every citizen, not just the people who work and invest in the government. What alternatives are available for states and municipalities in financial distress? What have attorneys learned from past municipal defaults? What are the pros and cons of allowing state bankruptcies? The Emergence of State and Municipal Bankruptcies provides feedback from some of the nations leading legal minds on key differences between Chapter 11 and Chapter 9 municipal bankruptcies and offers examples of recent municipal defaults. These experts also discuss the impact of municipal bankruptcies on residents, taxpayers, and the public market, and speculate on whether state bankruptcies should be permitted. The report offers an on-the-spot look at the issue as it continues to unfold.

Municipalities in Distress?

Municipalities in Distress? PDF Author: James Spiotto
Publisher:
ISBN: 9780692624777
Category :
Languages : en
Pages :

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Book Description
A 50 State Survey of: (1) Rights and Remedies Provided by States to Investors, (2) State Supervision and Oversight Mechanisms of Financially Distressed Local Governments and (3) State Authorization of Municipalities to File Chapter 9 Bankruptcy

Amendment of Bankruptcy Laws -- Bankruptcy of Municipalities

Amendment of Bankruptcy Laws -- Bankruptcy of Municipalities PDF Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 156

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Book Description
Considers legislation to provide emergency bankruptcy proceedings for municipal governments and their creditors.

Municipal Bankruptcy Compositions

Municipal Bankruptcy Compositions PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Bankruptcy and Reorganization
Publisher:
ISBN:
Category : Municipal bankruptcy
Languages : en
Pages : 164

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Book Description
Committee Serial No. 3.

Amending Municipal Bankruptcy Act

Amending Municipal Bankruptcy Act PDF Author: United States. Congress. House. Committee on the Judiciary. Special Subcommittee on Bankruptcy and Reorganization
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 44

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Book Description
Committee Serial No. 21.

Preliminary Stays in Municipal Bankruptcy Compositions

Preliminary Stays in Municipal Bankruptcy Compositions PDF Author: United States. Congress. House. Committee on the Judiciary. Special Subcommittee on Bankruptcy and Reorganization
Publisher:
ISBN:
Category : Municipal bankruptcy
Languages : en
Pages : 44

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Book Description
Committee Serial No. 5.

Predictors of Municipal Bankruptcies and State Intervention Programs

Predictors of Municipal Bankruptcies and State Intervention Programs PDF Author: Laura Coordes
Publisher:
ISBN:
Category :
Languages : en
Pages : 68

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Book Description
Similar circumstances, do not? This Article builds on the literature examining the causes and consequences of municipal fiscal distress by exploring specific factors that lead municipalities to seek help from the state and federal government. Viewing municipal opportunities and constraints through political, economic, and legal lenses, this Article helps to explain the nuances of municipal decision making.After identifying eight factors that may serve as predictors of municipal insolvency, we studied cities in fiscal distress with an eye toward uncovering the circumstances that led each of these cities into and, if applicable, out of, their financial predicaments. Union density, unfunded pension liability, and financial mismanagement were the three most prevalent factors in our sample population. Our analysis suggests that scholars and policymakers should focus their efforts on using bankruptcy relief in conjunction with state aid programs in order to address these primary sources of municipal distress more comprehensively.

Lawton's Municipal Bankruptcy in a Nutshell

Lawton's Municipal Bankruptcy in a Nutshell PDF Author: ANNE. LAWTON
Publisher: West Academic Publishing
ISBN: 9781684679324
Category :
Languages : en
Pages : 310

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Book Description
Description Coming Soon!

Municipal Reorganization

Municipal Reorganization PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Because municipalities are government entities, their economic problems have historically been addressed politically through state-based remedies, such as the creation of a financial control board, not through judicial intervention. Chapter 9 of the U.S. Bankruptcy Code, 11 U.S.C. Section 901 et seq., is entitled "Adjustments of Debts of a Municipality." Though rarely used, this chapter of the Code has important historic antecedents and may be a important tool for insolvent municipal entities. The term "bankruptcy," however, is a misnomer when it comes to chapter 9. For many reasons, chapter 9 differs from chapter 11, which governs the reorganization of private business. This report provides an overview of chapter 9. The paramount feature of a municipal reorganization is the requirement that the municipal debtor and a majority of its creditors reach an agreement on a plan to readjust the municipality's debts. The outcome of any reorganization cannot be predicted with certainty. Several basic principles may provide guidance as one considers the likely course of a major municipal reorganization. First, the policy underlying chapter 9 is unlike that of other chapters: municipalities are not subject to liquidation or strict judicial control. Municipal authorities do not need judicial permission to exercise governmental functions. Second, development of the reorganization plan is largely the initiative of municipal authorities. Even though the U.S. Bankruptcy Code is designed to give the cash-strapped municipal debtor "breathing room" and an opportunity to marshal its assets, nothing in the law relieves it from the requirements of applicable nonbankruptcy law. Filing bankruptcy does not lift from the municipality the burdens imposed upon it by myriad state and federal laws. Reorganization and, ultimately, repudiation of debt may be facilitated by a chapter 9. But the manner in which the municipal debtor reaches its goal for rehabilitation will still be shaped, in large part, by the constraints of the federal and state laws under which it operates. On December 6, 1994, Orange County, California, filed under chapter 9, the largest municipal bankruptcy filing to date. The County reorganized successfully, and its case was closed in 2000. Though the underlying causes of the County's financial problems were arguably unique, chapter 9 proved to be sufficiently flexible to accommodate the needs of a large municipal debtor and its creditors.

Detroit Resurrected: To Bankruptcy and Back

Detroit Resurrected: To Bankruptcy and Back PDF Author: Nathan Bomey
Publisher: W. W. Norton & Company
ISBN: 0393248925
Category : History
Languages : en
Pages : 347

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Book Description
What happens when an iconic American city goes broke? At exactly 4:06 p.m. on July 18, 2013, the city of Detroit filed for bankruptcy. It was the largest municipal bankruptcy in American history—the Motor City had finally hit rock bottom. But what led to that fateful day, and how did the city survive the perilous months that followed? In Detroit Resurrected, Nathan Bomey delivers the inside story of the fight to save Detroit against impossible odds. Bomey, who covered the bankruptcy for the Detroit Free Press, provides a gripping account of the tremendous clash between lawyers, judges, bankers, union leaders, politicians, philanthropists, and the people of Detroit themselves. The battle to rescue this iconic city pulled together those who believed in its future—despite their differences. Help came in the form of Republican governor Rick Snyder, a technocrat who famously called himself “one tough nerd”; emergency manager Kevyn Orr, a sharp-shooting lawyer and “yellow-dog Democrat”; and judges Steven Rhodes and Gerald Rosen, the key architects of the grand bargain that would give the city a second chance at life. Detroit had a long way to go. Facing a legacy of broken promises, the city had to seek unprecedented sacrifices from retirees and union leaders, who fought for their pensions and benefits. It had to confront the consequences of years of municipal corruption while warding off Wall Street bond insurers who demanded their money back. And it had to consider liquidating the Detroit Institute of Arts, whose world-class collection became an object of desire for the city’s numerous creditors. In a tight, suspenseful narrative, Detroit Resurrected reveals the tricky path to rescuing the city from $18 billion in debt and giving new hope to its citizens. Based on hundreds of exclusive interviews, insider sources, and thousands of records, Detroit Resurrected gives a sweeping account of financial ruin, backroom intrigue, and political rebirth in the struggle to reinvent one of America’s iconic cities.