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Chapter 9 Municipal Bankruptcy

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February 7, 2018
Elizabeth C. Wiggins, Lawrence A. Larose

Lawrence A. Larose, partner at Norton Rose Fulbright who leads the firm’s municipal restructuring practice, discusses municipal finance and how it differs from corporate finance from a bankruptcy perspective.

Related videos are available in the Chapter 9 Online Repository.

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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November 7, 2017
Elizabeth C. Wiggins

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.

October 26, 2017
Michelle M. Harner

Judge Michelle Harner, U.S. Bankruptcy Court for the District of Maryland (at the time of the recording, Professor of Law, University of Maryland School of Law), discusses reasons for the development of the manual, Navigating Chapter 9 of the Bankruptcy Code.

Related videos are available in the Chapter 9 Online Repository.

October 26, 2017
Eduardo C. Robreno

Judge Eduardo Robreno, U.S. District Court for the Eastern District of Pennsylvania, and member of the Judicial Conference Committee on the Administration of the Bankruptcy System, discusses the origin and development of the manual, Navigating Chapter 9 of the Bankruptcy Code.

Related videos are available in the Chapter 9 Online Repository.

October 26, 2017
Susan M. Thurston, Dana McWay, Katherine B. Gullo

Three clerks of court share their courts’ experiences with Chapter 9 cases. In a practical and less formal manner, these commentaries supplement material presented in the Navigating Chapter 9 of the Bankruptcy Code. Discussants are Susan Thurston (Bankr. D.R.I.), Dana McWay (Bankr. E.D. Mo.), and Katherine Gullo (Bankr. E.D. Mich.).

Related videos are available in the Chapter 9 Online Repository.

October 26, 2017
Marc A. Levinson

Marc A. Levinson, a senior counsel in the Restructuring Group at Orrick, Herrington & Sutcliffe LLP, discusses the differences between Chapter 9 and Chapter 11 bankruptcies.

Related videos are available in the Chapter 9 Online Repository.

October 24, 2017

This page includes a motion, objections thereto, related briefs, and an order/opinion regarding the applicability of Bankruptcy Rule 9019 to settlements in the Chapter 9 case. Rule 9019 provides, “[o]n motion by the trustee and after notice and a hearing, the court may approve a compromise or settlement.” This court determined that a Chapter 9 debtor does not need to seek approval of settlements reached during the Chapter 9 case.

October 24, 2017

This page includes documents related to the use of discovery and the Rule 2004 examination and production process. A Chapter 9 debtor is obligated to provide only limited financial and operational information with its petition. Because of a Chapter 9 debtor’s limited disclosure obligations, creditors may request additional information through discovery or Rule 2004 examination process.

Rule 2004 Examinations and Discovery is one of several Chapter 9 Online Repository categories.

October 24, 2017

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.

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