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This repository of materials was developed as a companion to the manual, Navigating Chapter 9 of the Bankruptcy Code, to provide courts with examples of case documents and other resource materials related to issues likely to arise in Chapter 9 cases. Documents are included from cases filed by variety of debtors: cities, townships, and counties; medical-related entities, such as county hospitals and authorities; and political subdivisions, such as sanitary and improvement districts, water districts, and off-track betting authorities.
The materials have been placed into the following categories. Some documents relating to multiple categories have been placed in the most relevant categories and cross-references are made between the categories. Some significant documents have been put into more than one category.
- Appointment of Experts, Consultants, and Fee Examiners
- Appointment of Patient Care Ombudsman and Patient Confidentiality
- Case-Management Orders
- Chapter 9 Compared to Chapter 11
- Designation of Bankruptcy Judge
- Labor and Pension Obligations
- Law Review Articles and Other Publications
- State Law, Local Rules, and Court Procedures
- Media and the Public
- Municipal Financing and Bonds
- Notice and Websites
- Plan Confirmation
- Published Opinions
- Review of Professional Fees
- Rule 2004 Examinations and Discovery
- Rule 9019 Applicability to Settlement Agreements
- Statistics and Docket Sheets
We welcome suggestions about other materials that may be helpful to courts for inclusion in the Chapter 9 repository. Please send your ideas and materials to Beth Wiggins at firstname.lastname@example.org.
This page includes documents related to the court’s review of fees paid by the debtor to professionals in connection with a Chapter 9 case. In Chapter 9 cases, the debtor may employ professionals without court approval, and the judge reviews fees only within the context of plan confirmation. Sections 327 through 331 of the Bankruptcy Code are not applicable. Specifically, however, § 943(b)(3) provides that the judge shall confirm the plan if “all amounts to be paid by the debtor or by any person for services or expenses in the case or incident to the plan have been fully disclosed and are reasonable.”
Review of Professional Fees is one of several Chapter 9 Online Repository categories.
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.
Appointment of Patient Care Ombudsman and Patient Confidentiality is one of several Chapter 9 Online Repository categories.
This page includes documents related to the court’s appointment of an expert under Federal Rule of Evidence 706(a), of a non-testifying consultant, and of a fee examiner.
Appointment of Experts, Consultants, and Fee Examiners is one of several Chapter 9 Online Repository categories.
The reports below detail the results of two surveys, conducted in 2010–2011, of bankruptcy attorneys and bankruptcy clerks of court about court practices regarding applications for payment of administrative expenses. Appendix A provides examples of existing court procedures for requests of such payments.