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Chapter 9 Municipal Bankruptcy

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December 10, 2018
Elizabeth C. Wiggins, Lawrence A. Larose

When municipalities declare bankruptcy, the fate of public employees’ pensions and other post-employment benefits (OPEB) are almost always one of the most contentious issues that need to be settled. This program takes a look at the effect Chapter 9 of the Federal Bankruptcy Code has on these questions in a discussion with Larry Larose, one of the country’s premier experts in this area.

Related videos are available in the Chapter 9 Online Repository

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.

Downloadable file:
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
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 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 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.”

Downloadable files:
October 24, 2017

This page includes a variety of material that may be helpful in identifying other documents and cases of use to courts handling a Chapter 9 case. The map depicts visually the status of state authorization to file Chapter 9 bankruptcy and the location of the Chapter 9 filings from FY2008 to FY2015.  Tables 1, 2, and 3 present statistics about the location of the case filings and the number of judges involved in presiding over those cases.

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