Download or read book Representing Creditors in Chapter 9 Municipal Bankruptcy written by and published by . This book was released on 2014-10-01 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Navigating Chapter 9 of the Bankruptcy Code written by Federal Judicial Center and published by Government Printing Office. This book was released on 2017-11-17 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This manual strives to provide a clearer path for judges and clerks of court handling a chapter 9 case. It outlines the statutory requirements and processes that apply in any Chapter 9 case and provides examples of relevant cases and resources. It is organized into several parts including: Part II summarizes the history of Chapter 9 and discusses constitutional challenges to the original municipal bankruptcy laws enacted in 1934 and the structural and constitutional issues analyzed by lower courts in the context of Chapter 9. Part II presents and overview of the Chapter 9 process, contrasting it with the Chapter 11 process and providing several primers on issues unique to a Chapter 9 case. This section also includes basic information on matters, such as municipal accounting, the municipal bond market, and public pension obligations. Part IV identifies key administrative matters for the judge and the clerk of court in a Chapter 9 case. Part V explains what transpires after the filing of a Chapter 9 petition and appointment of the bankruptcy judge. It follows not only the legal steps required at the beginning of the case and eligibility determination, but also covers questions, issues, and information the judge may want to consider as the case starts down the Chapter 9 path. Part VI discusses the administration of the case -- i.e. what happens after the order for relief but before the plan confirmation process. Part VII covers the end of a case: it examines the plan, the disclosure statement, and the confirmation process. it includes information on postconfirmation jurisdiction and implementation issue. You will also find information about modification of the plan or if the debtor is unable to confirm a plan within a reasonable time, or dismissal of a case. Part VII is devoted to smaller municipal cases and cases involving special purpose entities or instrumentalities of a state. Part IX focuses on larger municipal cases. These cases can present factors and considerations unique to the size of, and stakeholders, in these cases. Part X summarizes key takeaway points for judges and clerks of the court handling Chapter 9 cases.
Download or read book Municipal Bankruptcies written by Jonathan M. Landers and published by . This book was released on 1995 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chapter 9 Bankruptcy Strategies written by WEST GROUP and published by Aspatore Books. This book was released on 2011 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 9 Bankruptcy Strategies provides an authoritative, insiders perspective on the statute that allows municipalities to reorganize under the Bankruptcy Code. Featuring partners from some of the nations leading law firms, this book guides the reader through the basic principles and factors that any attorney or client venturing into a Chapter 9 case, either in a creditor or debtor capacity, must understand and evaluate before setting forth. These authors explore proven strategies for the Chapter 9 process, including deciphering the filing requirements, weighing the benefits and risks, assembling and confirming a plan of adjustment, and dealing with diverse and inconclusive state laws. From Orange County and Vallejo to Central Falls and New York City Off-Track Betting Corp., these top lawyers also analyze the intricacies of notable Chapter 9 cases and predict what entities may seek Chapter 9 protection in the future. Finally, these leaders discuss the role of the bankruptcy court in a Chapter 9, tips for working effectively with municipal clients, and the future of Chapter 9 legislation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to success within this contentious field.
Download or read book Debt Adjustments for Municipalities Under Chapter 9 of the Bankruptcy Code A Collier Monograph written by Francis J. Lawall and published by LexisNexis. This book was released on 2012-03-12 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Municipal Reorganization written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Handbook for Chapter 7 Trustees written by and published by . This book was released on 2001 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Representing Debtors in Bankruptcy Fundamentals of chapter 11 reorganization written by Southern Methodist University. Bankruptcy Law Institute and published by . This book was released on 1987 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Formalizing Chapter 9 s Experts written by Laura Coordes and published by . This book was released on 2018 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 9 of the U.S. Bankruptcy Code has many shortcomings. One of the most persistent, yet understudied, problems judges face in chapter 9 is also a problem that exists in other areas of bankruptcy law: the sheer difficulty of applying generalized plan confirmation standards to wildly different, highly specialized entities. In practice, judges have turned to experts--individuals well-versed in municipal finance, mediation, and the particular debtor community--to help them overcome this problem in chapter 9. These experts often perform critical roles in a municipal bankruptcy case, including conducting mediations, investigating the municipality's finances, and even helping to craft the municipality's plan of debt adjustment.Despite the important roles experts play in bankruptcy, in chapter 9, their appointment and selection process is given little attention, and the scope of their role is often ill-defined. This Article highlights the concerns that arise due to the lack of procedures surrounding experts in municipal bankruptcy. After exploring the benefits and pitfalls associated with using experts in chapter 9 and elsewhere, this Article provides detailed guidance for designing formal procedures for selecting, appointing, and using experts in chapter 9.
Download or read book Bankruptcy written by and published by . This book was released on 1981 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Representing Debtors in Bankruptcy Strategies and litigation considerations in chapter 11 reorganization written by Southern Methodist University. Bankruptcy Law Institute and published by . This book was released on 1987 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Chapter 9 of the U S Bankruptcy Code written by and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Debt Adjustments for Municipalities Under Chapter 9 of the Bankruptcy Code written by Francis J. Lawall and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Technical Errors in and Clarity of Public Law 95 598 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights and published by . This book was released on 1980 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Logic and Limits of Bankruptcy Law written by Thomas H. Jackson and published by Beard Books. This book was released on 2001 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A careful analysis of the fundamentals of bankruptcy law.
Download or read book Puerto Rico Chapter 9 Uniformity Act of 2015 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law and published by . This book was released on 2015 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook for Chapter 13 Standing Trustees written by and published by . This book was released on 1998 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt:
