Debt Adjustments for Municipalities Under Chapter 9 of the Bankruptcy Code: A Collier Monograph

Debt Adjustments for Municipalities Under Chapter 9 of the Bankruptcy Code: A Collier Monograph
ISBN-10
0327173521
ISBN-13
9780327173526
Category
Law
Pages
110
Language
English
Published
2012-03-12
Publisher
LexisNexis
Authors
Francis J. Lawall, J. Greg Miller, Deborah Kovsky-Apap

Description

This Collier Monograph presents a thorough treatment of chapter 9 of the Bankruptcy Code. Chapter 9 is a powerful yet underutilized restructuring tool available to financially challenged municipalities and public corporations within the United States. It provides an express means to compromise municipal obligations against a creditor's wishes, unlike state law, which generally speaking, cannot impose an involuntary debt reduction or contract impairment. Chapter 9 also gives a municipality the ability to operate while in bankruptcy with relatively minimal judicial oversight, protected by the automatic stay, free of the risk of a competing plan, liquidation, the appointment of a trustee or many of the other controls that normally act as a check upon a debtor during a bankruptcy reorganization case. The topics covered include: • the purpose of municipal bankruptcy • nonbankruptcy alternatives to chapter 9 • comparison of chapter 9 to chapter 11 • prepetition planning, including negotiations with creditors and creation of a restructuring plan • eligibility to file under chapter 9commencement of the chapter 9 case • a municipality's operating in chapter 9 • reducing liabilities and exiting bankruptcy • history of chapter 9 and • a listing of chapter 9 state authorizing statutes. This eBook features links to Lexis Advance for further legal research options.

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