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Bankruptcy Code

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November 15, 2017
Elizabeth C. Wiggins

Municipalities facing fiscal crisis often must make difficult choices, attempting to balance their financial obligations with obligations to deliver critical services, such as the provision of public safety, education, and health, as well as water, sewer, and transportation services. The primary objectives of Chapter 9—to provide a breathing spell to, and adjust the debts of, a distressed municipality—are familiar to bankruptcy professionals. The substance and process of Chapter 9, however, differ from other plan chapters under the Bankruptcy Code in meaningful ways.

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October 24, 2017

Section 923 of the Bankruptcy Code requires notice of (1) the commencement of the case, (2) an order for relief, and (3) any dismissal of the case. Section 923 further provides that such notice shall be given by publication “at least once a week for three successive weeks in at least one newspaper of general circulation within the district in which the case is commenced, and in such other newspaper having general circulation among bond dealers and holders as the court designates.”

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October 23, 2017

This page includes documents related to the court’s determination of whether it should appoint a patient care ombudsman. If the Chapter 9 debtor is a health care business, § 333(a)(1) of the Bankruptcy Code requires the court to appoint a patient care ombudsman, unless the court finds that the appointment of such an ombudsman is not necessary for the protection of patients under the specific facts of the case.

October 23, 2017

Under § 921(b) of the Bankruptcy Code, the chief judge of the court of appeals designates the bankruptcy judge to administer the case. This page provides resources regarding the designation of the bankruptcy judge in a Chapter 9 case, including general guidance for the bankruptcy clerk of court in requesting the designation of a bankruptcy judge from the court of appeals, CM/ECF event codes needed for the designation, a sample request and order for designation, and requests and designation orders used in a selection of cases.

January 1, 2009
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