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This paper, which was written as a White Paper for the Federalist Society, describes and assesses the question whether public employee pensions can be restructured in bankruptcy, with a particular focus on Detroit. Part I gives a brief overview both of the treatment of pensions under state law,...
Persistent link: https://www.econbiz.de/10013072407
What sorts of legal relief should be available to a municipality in financial distress? Chapter 9 of the Bankruptcy Code has served as an option of last resort for many municipalities over the years. But as this Article illustrates, Chapter 9 arguably falls short of an effective solution and at...
Persistent link: https://www.econbiz.de/10013004873
bondholders, public employees (active and retired), and other creditors affected by municipal insolvency, all of whom have a voice … voice at every stage of a chapter 9 proceeding, as taxpayers are directly and profoundly impacted by municipal insolvency …
Persistent link: https://www.econbiz.de/10013024808
the same territory. These crises will be worse than prior local insolvency crises, as conflicts among overlapping … insolvency crises and how courts and legislatures would respond. This Article explains how collective action problems among … overlapping local governments will make addressing simultaneous insolvency crises difficult, as jurisdictions will hold out …
Persistent link: https://www.econbiz.de/10012922009
The 2019 keynote address offers an important opportunity for economic historians and policy makers to better understand the nuances associated with Detroit’s recent financial problems, ultimate bankruptcy, and its broader implications for state and local governments in general. This episode is...
Persistent link: https://www.econbiz.de/10012513727
of insolvency and bankruptcy, which can have tremendous negative repercussions on service delivery by municipalities … insolvency regimes as an alternative to municipal bailouts. First, the advantages and disadvantages of local insolvency regimes … will be discussed from a theoretical perspective. Subsequently, empirical evidence from existing local insolvency regimes …
Persistent link: https://www.econbiz.de/10012586973
Calls for reforming the civil rights enforcement regime often focus on individual government officers. Recent years have brought demands to abolish qualified immunity—a defense that protects individual officers from liability so long as they did not violate clearly established law—and to end...
Persistent link: https://www.econbiz.de/10013291121
From the outset of Detroit's bankruptcy, an unlikely set of issues kept coming up: What exactly is a lien? Who has a property interest or its equivalent in bankruptcy? Did general obligation bondholders have special status, due to Detroit's promise to use its “full faith and credit” for...
Persistent link: https://www.econbiz.de/10013032859
Recent large municipal bankruptcy cases have called into question the rights of debtor-cities to impair their capital markets creditors, on the one hand, and beneficiaries of their unfunded public pension promises, on the other. As I show in a companion work, federal bankruptcy law generally...
Persistent link: https://www.econbiz.de/10013243011
Persistent link: https://www.econbiz.de/10012793136